Case 11-55120
`
`01/19/2011
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`Page
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`7618239 DktEntry
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`6-4
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`No 1i_c7zO
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`114 THIS UNIThD STAlES COURT OF APPEALS
`FOR THE NINTH CIRCUIT
`
`NEUROVISION MI3DTcALpRoDucTs INC
`
`Plaintiff
`
`NUVASIVE INC
`
`Defendant
`
`from the UthtedState District Court
`
`On Appeal
`for the Central District of California
`Case No 2LO9CV6988
`JIEMX
`
`DECL
`
`lION OF WILLIAM Ii SMITh MJ4 IN SUPPORT
`OF DEFENDANTS MOTION FOR STAY OF
`PERMANENT INJUNCTION PEINDJI4G APPEAL
`
`Willi
`
`Smith M.D state and clare
`
`am Board-cettified
`
`neurological
`
`surgeon associated with Westprn
`
`RegiOnal Center
`
`for Brain
`
`Spine Surgery with Offices lob(cid:224)ted
`
`in Kingman
`
`Arizona and Las VegasNevada
`
`have pevscthal hbwiedge of the matters
`
`stated
`
`herein except where stated based on infornation and belief ajidif called upon to
`
`do so woukftestify
`
`competently
`
`them
`
`PODflOOd
`
`wqJgQ Il-Ut
`
`X2J
`
`PX2489_000
`
`PX2489
`
`WARSAW2044
`NuVasive, Inc. v. Warsaw Orthopedic, Inc.
`Case IPR2013-00208
`
`Page 1
`
`
`
`01/19/2011
`
`Page
`
`of
`
`7618239 DktEntry
`
`6-4
`
`No 1i_c7zO
`
`114 THIS UNIThD STAlES COURT OF APPEALS
`FOR THE NINTH CIRCUIT
`
`NEUROVISION MI3DTcALpRoDucTs INC
`
`Plaintiff
`
`NUVASIVE INC
`
`Defendant
`
`from the UthtedState District Court
`
`On Appeal
`for the Central District of California
`Case No 2LO9CV6988
`JIEMX
`
`DECL
`
`lION OF WILLIAM Ii SMITh MJ4 IN SUPPORT
`OF DEFENDANTS MOTION FOR STAY OF
`PERMANENT INJUNCTION PEINDJI4G APPEAL
`
`Willi
`
`Smith M.D state and clare
`
`am Board-cettified
`
`neurological
`
`surgeon associated with Westprn
`
`RegiOnal Center
`
`for Brain
`
`Spine Surgery with Offices lob(cid:224)ted
`
`in Kingman
`
`Arizona and Las VegasNevada
`
`have pevscthal hbwiedge of the matters
`
`stated
`
`herein except where stated based on infornation and belief ajidif called upon to
`
`do so woukftestify
`
`competently
`
`them
`
`PODflOOd
`
`wqJgQ Il-Ut
`
`X2J
`
`PX2489_000
`
`PX2489
`
`WARSAW2044
`NuVasive, Inc. v. Warsaw Orthopedic, Inc.
`Case IPR2013-00208
`
`Page 1
`
`
`
`Case 11-55120
`
`01/19/2011
`
`Page
`
`of
`
`ID7618239
`
`DktEntry
`
`6-4
`
`Sended Georgetown University Medical Center For seven years
`
`also did my residency at Georgetown Urtiversity Iv edical Center
`
`in neurological
`
`sutgery
`
`completed my residency in 1994 and have since worked continuously as
`
`neurological
`
`surgeon in Arizona and Nevada My specialty
`
`is neurological
`
`surgery including surgery of the spine
`
`3.
`
`regularly use NuVasives XLIF procedure in the course of my
`
`surgical practice and am reathl familiar with the XLIF prbcedure
`
`and
`
`NuVasives NEURO VISION nerve monitoring systent
`
`perform 6-12
`
`.surgcries per week using NuVasives XLIF procedure
`
`and NuVasives
`
`.NEUROVISION nerve monitoring system
`
`When
`
`first tarted my neurosurgery practiceaIII
`
`lower spine surgery
`
`was open surgery wherein the spine was accessed
`
`from either the front anterior
`
`or die back posterior Such open spinal surgety involjed significant
`
`risks
`
`inc1udin significant blood loss high morbidity rates and lengthy recovery
`
`periods The NEUIRO VISION nerve monitor system was
`
`groundbreaking
`
`development
`
`that aIlSed neur(cid:243)surgŁons
`
`to access the spine from the side
`
`laterally in minimallyinvasive procedure fl acceSsi
`
`the pine from the side
`
`there is little muscle thsection less bone work and smaller incisions which results
`
`in less blood loss less operative time and less pain to the patient
`
`as compared to
`
`standard open spine iirgØy NuVasives XLIF procedure
`
`takes advantage
`
`of the
`
`Pflfl/7.Ufld
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`W2LF.cIJ
`
`Liii
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`EL ur
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`PX2489_0002
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`Case 11-55120
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`advances
`
`provided by the NFUROVISION nerve monitoring technology
`
`and
`
`allows safer and less invasive surgeries in the lower spinal region
`
`Not only areNuVasivesXLLFprocedure
`
`and NEUROVISION
`
`nerve monitor used to adess many common ba(cid:244)k problems including
`
`for
`
`example degenerative
`
`disc disease scoiosis slipped discs and disc herniation
`
`they are also used in life threatening cases such as in the case of
`
`tumor or acute
`
`trauma
`
`XLIP surgeries
`
`are in high demand and they cannot be performed
`
`without Nuvasives NEUROVISION nerve monitoring system No other
`
`Company manufactures
`
`nerve monitoring system that can be used in connection
`
`with the flII procethge The inability to use the NETJROVISION nerve
`
`monitor system to perform XLIF procedures
`
`in life threatening cases
`
`involving
`
`acute trauma or tumors could worsen neurological
`
`injuries or cause irreversible
`
`injury and possible death in cases that canuol be delayed
`
`The inability to use NuVasives NEURO VISION nerve monitoring
`
`system in cases that are not life threatening will alsohave serious repercussions for
`
`my patients In the bet case scenario my patients surgeries will be delayed until
`
`NuVasive is able to provide NEUXOVISION nerve monitoring system or until
`
`am able to find an appropriate safe and reliable alternative
`
`surgical procedure
`
`which may be more invasive than NuVasives XLJF procedure In some cases
`
`Von/cnN
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`tlrngqfl
`
`LLOZ
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`CL U2f
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`PX2489_0003
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`Page 3
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`Case 11-55120
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`0111912011
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`however it will mean that my patients will hot be able to receive any surgical
`
`freatmnts at all because thereis no suitable alternative
`
`to the XLIF procedure
`
`This is especially
`
`so for my elderly patients for whom the morbidity rate and high
`
`risk of blood loss in traditional
`
`open surgeries is too gteat
`
`risk For these elderly
`
`patients
`
`thØieisno alternative
`
`to NuVasives XLIF procedure which requires
`
`the use of NuVasives NEURO7VISIQN nerve monitor sjsterns
`
`As
`
`surgeon will
`
`fight any order that proscribes use of NuYasiv(cid:244)
`
`nerve monitoring systems as it would threaten
`
`the well bemg of patients whose
`
`lives and limbs are under rn care
`
`declare under penal oPpeu under the laws of the United States of
`
`America that
`
`the foregoing is true and correºt
`
`201
`
`in
`
`LAsVe3osMetrccAcz
`
`vnn/vnrbl
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`wnircrl
`
`tLfli
`
`rt uer
`
`xLi
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`PX2489_0004
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`Page 4
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