`
`
`Paper No. _____
`Filed: January 3, 2019
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_____________________________
`
`ALPHATEC HOLDINGS, INC. and ALPHATEC SPINE, INC.,
`Petitioners,
`
`v.
`
`NUVASIVE, INC.,
`Patent Owner.
`_____________________________
`
`Case IPR2019-00362
`Patent No. 8,361,156
`_____________________________
`
`
`PATENT OWNER NUVASIVE, INC.’S
`MANDATORY NOTICES UNDER 37 C.F.R. § 42.8
`
`
`
`
`
`
`
`
`
`
`
`
`
`Case IPR2019-00362
`Patent 8,361,156
`A. Real Party-In-Interest
`
`
`
`In accordance with 37 C.F.R. § 42.8(b)(1), Patent Owner identifies
`
`NuVasive, Inc. as the real party-in-interest.
`
`B. Related Matters
`
`
`
`In accordance with 37 C.F.R. § 42.8(b)(2), Patent Owner identifies the
`
`following related matters:
`
`
`
`NuVasive, Inc. v. Alphatec Holdings, Inc. et al., Case No. 3:18-cv-
`
`00347-CAB-MDD (S.D.Cal.). The subject patent was also previously challenged
`
`in multiple IPRs including Medtronic, Inc. v. NuVasive, Inc., IPR2013-00504, -
`
`00506, and IPR2014-00487. Previous decisions from the Board were vacated by
`
`the Court of Appeals for the Federal Circuit including In re: NuVasive, Inc., 842
`
`F.3d 1376 (Fed. Cir. 2016).
`
`The following related matters are also identified: Alphatec Holdings, Inc et
`
`al. v. NuVasive, Inc., IPR2019-00361 (regarding U.S. Patent No. 8,187,334). See
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`also Medtronic, Inc. v. NuVasive, Inc., IPR2013-00507, -00508 (regarding U.S.
`
`Patent No. 8,187,334); In re: NuVasive, Inc., 841 F.3d 966 (Fed. Cir. 2016)
`
`(regarding U.S. Patent No. 8,187,334).
`
`
`
`
`
`-2-
`
`
`
`Case IPR2019-00362
`Patent 8,361,156
`C. Lead and Back-up Counsel
`
`
`
`In accordance with 37 C.F.R. § 42.8(b)(3), Patent Owner provides the
`
`following designation of counsel:
`
`Lead Counsel
`Michael T. Rosato
`USPTO Reg. No. 52,182
`WILSON SONSINI GOODRICH &
`ROSATI
`701 Fifth Avenue, Suite 5100
`Seattle, WA 98104
`Tel.: 206-883-2529
`Fax: 206-883-2699
`Email: mrosato@wsgr.com
`
`
`
`
`Back-Up Counsel
`Paul D. Tripodi II
`USPTO Reg. No. 40,847
`WILSON SONSINI GOODRICH &
`ROSATI
`633 West Fifth Street, Suite 1550
`Los Angeles, CA 90071
`Tel.: 323-210-2902
`Fax: 866-974-7329
`Email: ptripodi@wsgr.com
`Back-Up Counsel
`Sonja R. Gerrard
`USPTO Reg. No. 72,802
`WILSON SONSINI GOODRICH &
`ROSATI
`701 Fifth Avenue, Suite 5100
`Seattle, WA 98104-7036
`Tel.: 206-883-2649
`Fax: 206-883-2699
`Email: sgerrard@wsgr.com
`
`D. Electronic Service
`
`Patent Owner consents to electronic service by email at the email addresses
`
`provided above.
`
`
`
`Date: January 3, 2019
`
`
`
`
`
`
`Respectfully submitted,
`
`
`/ Michael T. Rosato /
`Michael T. Rosato, Lead Counsel
`Reg. No. 52,182
`
`
`
`
`
`-3-
`
`
`
`Case IPR2019-00362
`Patent 8,361,156
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that the foregoing Patent Owner NuVasive, Inc.’s
`
`Mandatory Notices Under 37 C.F.R. § 42.8 and accompanying Power of Attorney
`
`were served on January 3, 2019, at the following electronic service addresses:
`
`Andrew R. Sommer
`David P. Dalke
`WINSTON & STRAWN LLP
`Alphatec-IPRs@winston.com
`
`
`Date: January 3, 2019
`
`
`
`
`
`
`/ Michael T. Rosato /
`Michael T. Rosato, Lead Counsel
`Reg. No. 52,182
`
`
`
`
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`-4-
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`
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