`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`________________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________
`ALPHATEC HOLDINGS, INC. AND ALPHATEC SPINE, INC.
`Petitioner,
`v.
`NUVASIVE, INC.,
`Patent Owner.
`________________
`Case No. IPR2019-00362
`United States Patent No. 8,361,156
`________________
`PETITIONER’S NOTICE OF SUBMISSION OF CORRECTED
`EXHIBIT AND REQUEST TO EXPUNGE
`
`
`
`
`Further to the telephone call received from Mr. Lawrence Banks of the
`
`United States Patent and Trademark Office on January 16, 2019 and the Notice of
`
`Filing Date Accorded to Petition and Time for Filing Patent Owner Preliminary
`
`Response, Petitioner is concurrently submitting a replacement Exhibit 1018, which
`
`is a copy of the Final Written Decision entered in IPR2013-00208. Petitioner
`
`respectfully requests that the originally-filed Exhibit 1018, which was a duplicate
`
`
`
`
`
`
`
`of Exhibit 1008, be expunged and replaced with the concurrently-submitted
`
`version of Exhibit 1018.
`
`
`Date: January 17, 2019
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`/Andrew R. Sommer/
`Andrew R. Sommer
`Reg. No. 53,932
`WINSTON & STRAWN LLP
`1700 K Street NW
`Washington, DC 20006-5106
`asommer@winston.com
`T: (202) 282-5000
`F: (202) 282-5100
`
`Counsel for Petitioners
`
`
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
` Pursuant to 37 C.F.R. §§ 42.6(e) and 42.105(a), I certify that, on January 17, 2019,
`
`true and correct copies of the foregoing PETITIONER’S NOTICE OF
`
`SUBMISSION OF CORRECTED EXHIBIT AND REQUEST TO
`
`EXPUNGE, were served by via email to the following counsel for the Patent
`
`Owner:
`
`Michael T. Rosato
`Email: mrosato@wsgr.com
`
`Paul D. Tripodi II
`Email: ptripodi@wsgr.com
`
`Sonja R. Gerrard
`Email: sgerrard@wsgr.com
`
`WILSON SONSINI GOODRICH & ROSATI
`
`
`
`Date: January 17, 2019
`
`
`
`
`Respectfully submitted,
`
`/Andrew R. Sommer/
`Andrew R. Sommer
`Reg. No. 53,932
`WINSTON & STRAWN LLP
`1700 K Street NW
`Washington, DC 20006-5106
`asommer@winston.com
`
`Counsel for Petitioners
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`