UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE PATENT AND TRIAL APPEAL BOARD
`
`ALPHATEC HOLDINGS, INC.,
`And ALPHATEC SPINE, INC.,
`Petitioners,
`
`Vs.
`NUVASIVE, INC.,
`Patent Owner.
`
`/
`
`Case Nos. IPR2019-00361
`IPR2 019-00362
`IPR2019-00546
`Patent Nos. 8,187,334
`8,361,156
`8,187,334
`
`Deposition of
`Matthew Link
`Tuesday, January 7, 2020
`
`Reported by:
`JOSHUA MANEA, CSR No. 13754
`Job No: 596168
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`ALPHATEC HOLDINGS, INC., ALPHATEC SPINE INC. v. NUVASIVE INC
`IPR2019-00362, Ex. 1052, p. 1 of 104
`
`
`BEFORE THE PATENT AND TRIAL APPEAL BOARD
`
`ALPHATEC HOLDINGS, INC.,
`And ALPHATEC SPINE, INC.,
`Petitioners,
`
`Vs.
`NUVASIVE, INC.,
`Patent Owner.
`
`/
`
`Case Nos. IPR2019-00361
`IPR2 019-00362
`IPR2019-00546
`Patent Nos. 8,187,334
`8,361,156
`8,187,334
`
`Deposition of
`Matthew Link
`Tuesday, January 7, 2020
`
`Reported by:
`JOSHUA MANEA, CSR No. 13754
`Job No: 596168
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`ALPHATEC HOLDINGS, INC., ALPHATEC SPINE INC. v. NUVASIVE INC
`IPR2019-00362, Ex. 1052, p. 1 of 104
`
`
`
`MATTHEW LINK - 01/07/2020
`
`APPEARANCES
`
`Page 2
`
`For the Patent Owner:
`WILSON, SONSINI, GOODRICH & ROSATI, PC
`By: Michael T. Rosato, Attorney at Law
`701 Fifth Street, Suite 5100
`Seattle, WA 98104
`206.883.2500
`Mrosato@msgr.com
`
`For the Petitioners:
`WINSTON & STRAWN, LLP
`By: Nimalka Wickramasekera, Attorney at Law
`333 S. Grand Avenue, 38th Floor
`Los Angeles, CA 90071
`213.315.1819
`Nwickram@winston.com
`
`Also present:
`Michael Doyle, In-House Counsel, NuVasive
`
`. --oOo--
`.
`. .
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`ALPHATEC HOLDINGS, INC., ALPHATEC SPINE INC. v. NUVASIVE INC.
`IPR2019-00362, Ex. 1052, p. 2 of 104
`
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`
`MATTHEW LINK - 01/07/2020
`
`INDEX
`
`Examination by
`Ms. Wickramasekera
`
`Exhibits
`Deposition of Matthew Link
`January 7, 2020
`
`DESCRIPTION
`Declaration of Matthew Link in
`IPR2019-00361 case, 12 pgs
`Declaration of Matthew Link in
`IPR2019-00362 case, 12 pgs
`Declaration of Matthew Link in
`IPR2019-00546 case, 12 pgs
`Patent ending in 156, 30 pgs
`Patents ending in 334, 34 pgs
`
`NUMBER
`Exhibit 1
`
`Exhibit 2
`
`Exhibit 3
`
`Exhibit 4
`Exhibit 5
`
`Page 3
`
`page
`5
`
`PAGE
`5
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`5
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`5
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`6
`6
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`.--oOq--
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`ALPHATEC HOLDINGS, INC., ALPHATEC SPINE INC. v. NUVASIVE INC.
`IPR2019-00362, Ex. 1052, p. 3 of 104
`
`
`
`MATTHEW LINK - 01/07/2020
`
`1
`2
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE PATENT AND TRIAL APPEAL BOARD
`
`Page 4
`
`ALPHATEC HOLDINGS, INC.,
`And ALPHATEC SPINE, INC.,
`Petitioners,
`
`3 4 5
`
`
`6
`7
`Vs.
`8
`9 NUVASIVE, INC.,
`10
`Patent Owner.
`11
`________________________ /
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`Case Nos. IPR2019-00361
`IPR2 019-00362
`IPR2019-00546
`Patent Nos. 8,187,334
`8,361,156
`8,187,334
`
`BE IT REMEMBERED that on Tuesday, January 7,
`2020, commencing at the hour of 9:35 a.m. in the law
`offices of Mintz, Levin, Cohn, Ferris, Glovsky & Popeo,
`PC, 3580 Carmel Mountain Road, Suite 300, San Diego,
`California, before me, JOSHUA MANEA, a Certified
`Shorthand Reporter in and for the State of California,
`personally appeared
`
`MATTHEW LINK
`Called as a witness herein, and after having
`been first duly affirmed to tell the truth, the whole
`truth, and nothing but the truth, was examined and
`testified as follows.
`...
`.--oOq--
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`ALPHATEC HOLDINGS, INC., ALPHATEC SPINE INC. v. NUVASIVE INC.
`IPR2019-00362, Ex. 1052, p. 4 of 104
`
`
`
`MATTHEW LINK - 01/07/2020
`
`Page 5
`
`EXAMINATION BY MS. WICKRAMASEKERA:
`Good morning, Mr. Link.
`Q.
`Good morning.
`A.
`You understand, you are here to testify
`Q.
`regarding -- you are here to testify in the proceedings
`that are before the patent office, case number
`IPR2019 -361, 362 and 546, regarding the 334 and 156
`patents ; is that correct?
`A.
`That is my understanding, yes.
`Okay. Let's go ahead and mark your
`Q.
`declarations; for the record.
`(Exhibits 1, 2 marked for identification.)
`BY MS. WICKRAMASEKERA:
`I'm going to show you what's been marked as
`Q.
`Exhibit 1, which is the declaration you submitted in the
`361 proceeding for the 334 patents.
`A.
`Okay.
`As Exhibit 2, I'm handing you what's been
`Q.
`marked -- I'm sorry. As Exhibit 2, I'm handing you your
`declaration in the 362 proceeding for the 156 patents.
`(Exhibit 3 marked for identification.)
`BY MS. WICKRAMASEKERA:
`And Exhibit 3 is your declaration in the 546
`Q.
`proceeding for the 334 patents. Here you go.
`And Mr. Link,,are these declarations that you
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`MATTHEW LINK - 01/07/2020
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`Page 6
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`submitted in the three proceedings, are they
`substantively identical?
`A.
`It is my understanding that they are
`substantively identical, yes.
`And did you review the 334 and the 156 patents
`Q.
`in preparing your declarations?
`A.
`I did not review those specifically. I relied
`on information, I believe, was provided by Jim Youssef
`and it was related to those patents.
`Okay. And what did you understand, from Dr.
`Q.
`Youssef , the 156 patent covers?
`A.
`I don't -- I don't know the numeric assignment
`to the specific patents. If you have that, I am happy
`to take a look at it. My general understanding?
`Sure. I can mark the - if it is easier, I'll
`Q.
`go ahead and mark the patents for you.
`(Exhibit 4 marked for identification.)
`BY MS. WICKRAMASEKERA:
`So as Exhibit 4, I'm handing you what's been
`Q.
`marked as the -- I keep doing this wrong. I'm handing
`you the 156 patent that I've marked as Exhibit 4.
`A.
`Okay.
`There you go.
`Q.
`(Exhibit 5 marked for identification.)
`BY MS. WICKR£MAS,EKERA: .
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`ALPHATEC HOLDINGS, INC., ALPHATEC SPINE INC. v. NUVASIVE INC.
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`MATTHEW LINK - 01/07/2020
`
`Page 7
`Exhibit 5, which I'm handing you, is the 334
`
`Q.
`patents.
`
`Do these look familiar to you?
`Yes, they look generally familiar. Yes.
`A.
`Okay.
`Q.
`So, again, dc you mind repeating the question?
`A.
`Sure. For the -- I'll start with the 334
`Q.
`I'm not sure which one I started with earlier.
`patent.
`For the 334 patent, what did you understand, from Dr.
`Youssef, this patent covers?
`A.
`So, again, not being an attorney or expert in
`this field, my general understanding is that this patent
`covered claims related to the CoRoent implant.
`Okay. Did you believe -- same question for
`Q.
`the 156 patent. Based on your -- your understandings.
`from Dr. Youssef, what did you understand the 156 patent
`to cover
`A.
`So similarly, understood it to cover claims
`related to the CoRoent implant.
`Okay. How many different versions of the
`Q.
`CoRoent implant are there?
`A.
`I don't know, off the top of my head.
`Okay. You are familiar with the CoRoent XL,
`Q.
`correct?
`A.
`
`I am familiar, with .CoRoent XL, yes.
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`ALPHATEC HOLDINGS, INC., ALPHATEC SPINE INC. v. NUVASIVE INC.
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`MATTHEW LINK - 01/07/2020
`
`Page 8
`And is that implant, the CoRoent XL, only used
`Q.
`for lateral procedures?
`MR. ROSATO: Objection. Form.
`THE WITNESS: In my experience, I have only
`observed it being utilized for lateral procedures.
`BY MS. WICKRAMASEKERA:
`Okay. Can you tell me, one way or the other,
`Q.
`whether it has been used in non-lateral procedures?
`A.
`I do not know conclusively if it has or has
`
`not.
`
`Okay. Are you familiar with the CoRoent XLR?
`Q.
`A.
`The CoRoent XLR? I'm not sure I'm familiar
`with that one.
`Did I stump you?
`Q.
`Are you familiar with the CoRoent XL implant
`that was the assignment for anterior procedures?
`A.
`Yes. I don't recall as having the designation
`of R, but I'm familiar with the CoRoent implant that is
`designated for anterior approaches.
`Okay. And do you know, structurally, how the
`Q.
`CoRoent design for anterior differs from the CoRoent
`design for lateral?
`A.
`Again, I'm not an expert in that field. I'm
`not sure I'm qualified to answer that question.
`Well, I'm just asking if you know. If you
`Q.
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`ALPHATEC HOLDINGS, INC., ALPHATEC SPINE INC. v. NUVASIVE INC.
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`MATTHEW LINK - 01/07/2020
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`Page 9
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`don't know, that's okay.
`A. I believe I answered that.
`Q. So is the answer that you don't know?
`MR. ROSATO: Objection to form.
`BY MS. WICKRAMASEKERA:
`Q. I guess, I'm not trying to trick you and I'm
`not, actually, asking for opinion testimony. I'm asking
`if you know --do you know, structurally, any
`differences between the CoRoent that's used for lateral
`and the CoRoent that's used for anterior?
`A. And based on my experience, I understand those
`two implants to be different in geometry.
`Q. Okay. How?
`A. Within the geometry of length and width.
`Q. So the CoRoent that's used for anterior has a
`different length than the CoRoent that's used for
`lateral?
`A. The --
`MR. ROSATO: Objection to form.
`THE WITNESS: Again, in my experience and
`familiarity with our implants that are in those
`categories for anterior ALIF surgery versus lateral
`surgery, the relative dimension of the length to the
`width are proportionately different in those two implant
`types.
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`ALPHATEC HOLDINGS, INC., ALPHATEC SPINE INC. v. NUVASIVE INC.
`IPR2019-00362, Ex. 1052, p. 9 of 104
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`MATTHEW LINK - 01/07/2020
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`Page 10
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`BY MS. WICKRAMASEKERA:
`Q. Okay. And what are you referring to as to the
`length to the anterior -- CoRoent anterior implant?
`A. I'm sorry. I don't understand your question.
`Q. What's -- is the -- when the CoRoent anterior
`implant is in place, once it's been inserted, which
`direction does the length go in? Is it the
`anterior-posterior direction or the lateral direction?
`MR. ROSATO: Objection to form.
`THE WITNESS: Yeah.
`MR. ROSATO: Foundation.
`THE WITNESS: My understanding of it is the
`lateral direction.
`BY MS. WICKRAMASEKERA:
`Q. Okay. And what's the -- what's the greatest
`length for the anterior implant?
`A. I don't know.
`MR. ROSATO: Objection to form, foundation.
`THE WITNESS: I don't recall what the greatest
`length is, off the top of my head. If there's a
`reference, so I'd be happy to review it and see if it is
`familiar, based on past experiences.
`BY MS. WICKRAMASEKERA:
`Q. Do you know what the anterior-posterior depth
`of the anterior CoRoent,implant is?
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`ALPHATEC HOLDINGS, INC., ALPHATEC SPINE INC. v. NUVASIVE INC.
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`MATTHEW LINK - 01/07/2020
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`Page 11
`MR. ROSATO: Objection to form, foundation,
`
`scope.
`
`THE WITNESS: The anterior CoRoent implant,
`again, there is a range of depths associated with that
`implant. I don't recall what those are, off the top of
`my head, no.
`BY MS. WICKRAMASEKERA:
`Q. Okay. Would the anterior-posterior depth of
`the lateral implant, the lateral CoRoent implant,
`necessarily be different from the depth of the CoRoent
`anterior implant?
`MR. ROSATO: Same objection.
`THE WITNESS: Yeah, so if we are talking about
`the CoRoent XL lateral implant, at least is my
`understanding as we have categorized that, the primary
`implant for the lateral XL implant is 18 millimeters in
`depth or width, if you want to categorize it that way,
`so anterior to posterior.
`BY MS. WICKRAMASEKERA:
`Q. And is that 18 millimeters, is that an
`anterior-posterior depth that's unique to lateral
`implants?
`
`MR. ROSATO: Objection. Form, foundation.
`THE WITNESS: Again, based on my understanding
`and experience at the time it, was introduced, it was
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`ALPHATEC HOLDINGS, INC., ALPHATEC SPINE INC. v. NUVASIVE INC.
`IPR2019-00362, Ex. 1052, p. 11 of 104
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`MATTHEW LINK - 01/07/2020
`
`Page 12
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`unique to implants, lateral implants, yes.
`BY MS. WICKRAMASEKERA:
`Q. Do you know whether the CoRoent XLR is
`available in an 18 millimeter anterior-posterior depth?
`A. I don't recall, off the top of my head, no.
`Q. Any other structural differences you can think
`of between the CoRoent XLR for anterior and the CoRoent
`XL?
`
`MR. ROSATO: Objection. Form.
`THE WITNESS: Again, as I answered previously,
`my recollection of the primary differences between the
`implants, from my observations, are the proportion, sort
`of, the relative dimensions anterior to posterior to
`lateral.
`BY MS. WICKRAMASEKERA:
`Q. Okay.
`A. I guess, actually, and that observation
`categorized maybe better, the proportion of those
`dimensions, one implant, as I understood it, was defined
`to be wholly contained within the disc space versus
`another that was designed to be able to bridge across
`the end plates of the disc space. And so the intended
`clinical application, I understood to be different.
`Q. Okay. What ranges of lengths is the CoRoent
`XL available in?,
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`ALPHATEC HOLDINGS, INC., ALPHATEC SPINE INC. v. NUVASIVE INC.
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`MATTHEW LINK - 01/07/2020
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`Page 13
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`MR. ROSATO: Objection to form.
`THE WITNESS: Yeah. So as I recall, the
`ranges of lengths were 40 to 55 millimeters with a line
`addition sometime -- I don't remember exactly when -- I
`believe, it extended that length out to 60 millimeters.
`BY MS. WICKRAMASEKERA:
`Are you referring to the CoRoent XL standard?
`Q.
`A.
`I'm referring to the CoRoent lateral implant.
`Okay. Don't you also have a thoracic implant
`Q.
`that's CoRoent XL?
`A.
`I don't believe that was the naming
`nomenclature. I believe that was XLT. And so since you
`made it a point to characterize XLR as a different
`I thought we were going to continue down that
`implant,
`line.
`
`Q.
`
`Oh. I'm sorry if I confused you.
`From my understanding, XLR is the anterior
`
`implant.
`Right.
`A.
`And so that's correct?
`Q.
`A.
`Yes.
`And the CoRoent XL comes in standard and
`Q.
`thoracic; is that correct?
`A.
`And, again -- yeah. And so I'm -- the -- as I
`understand.the naminq nomenclature, it is XLT.
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`MATTHEW LINK - 01/07/2020
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`Page 14
`
`Q. Okay.
`A. And so since you made it a point to designate
`the XL implant as XLR, I wanted to be as specific as
`possible.
`Q. Did that name change at some point?
`A.
`I believe it may have changed, but given I
`have been with the company since 2007, that's the
`nomenclature I'm familiar with.
`Q. Okay. Is the CoRoent XLT for lateral
`insertion?
`
`MR. ROSATO: Objection to form.
`THE WITNESS: As I understand it, it was
`designed for lateral insertion, yes.
`BY MS. WICKRAMASEKERA:
`Q. Do you know what the greatest length of the
`CoRoent XLT is?
`MR. ROSATO: Objection to form, scope.
`THE WITNESS: Yeah, I don't recall, with
`certainty, what the maximum length was. I believe it to
`be 40, but I'm not 100-percent certain on that.
`BY MS. WICKRAMASEKERA:
`Q. That's my understanding as well.
`To insert a CoRoent XLT laterally, you don't
`have to go through the psoas muscle, correct?
`ItfR, RO.SATO: Objection. Form, foundation.
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`MATTHEW LINK - 01/07/2020
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`Page 15
`THE WITNESS: It depends on which anatomic
`level you choose to insert it.
`BY MS. WICKRAMASEKERA:
`Q. In the lower thoracic, do you necessarily have
`to go through the psoas muscle?
`MR. ROSATO: Objection to form, foundation,
`
`scope.
`
`THE WITNESS: So in the lower thoracic spine,
`that would not be typical anatomy to traverse, no.
`BY MS. WICKRAMASEKERA:
`Q. Okay. Are you familiar with where the markers
`are located in the CoRoent XLT?
`MR. ROSATO: Objection to form, foundation and
`
`scope.
`
`THE WITNESS: I do not recall all of the exact
`locations, no.
`BY MS. WICKRAMASEKERA:
`Q. Okay. In your -- actually, let me ask you a
`few more questions about the patents.
`For the 156 patent, is it your understanding
`that the patent requires going through the psoas muscle?
`MR. ROSATO: Objection to form, foundation and
`
`scope.
`
`THE WITNESS: Yeah, I'm not an attorney. I
`don't have,a, complete understanding as to what all the
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`ALPHATEC HOLDINGS, INC., ALPHATEC SPINE INC. v. NUVASIVE INC.
`IPR2019-00362, Ex. 1052, p. 15 of 104
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`
`MATTHEW LINK - 01/07/2020
`
`Page 16
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`specific claims and requirements are of that.
`BY MS. WICKRAMASEKERA:
`Q. Okay. So based on your conversations or your
`understanding from reading Dr. Youssef's declaration, do
`you have any understanding, based on that, whether the
`claims for either patent require you to go through the
`psoas muscle?
`A. Yeah, again, so per my declaration, it is my
`understanding that, based on Dr. Youssef's expert
`opinion, that it -- that, you know, there are certain
`areas of claims. I am not qualified to characterize all
`of those things specifically.
`Q. In various parts of your declarations, you
`refer to the nerves of the psoas muscle and creating a
`corridor through the psoas muscle. And I'm just
`wondering why you thought that was relevant to put in
`your declaration?
`A. Do you mind pointing out specifically --
`Q. Sure.
`MR. ROSATO: Let me get my objections.
`Objection to form, foundation.
`BY MS. WICKRAMASEKERA:
`Q. Okay. So you can look at paragraph 5 of your
`declaration.
`A. I'm sorry, paraqranh 5?
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`ALPHATEC HOLDINGS, INC., ALPHATEC SPINE INC. v. NUVASIVE INC.
`IPR2019-00362, Ex. 1052, p. 16 of 104
`
`
`
`MATTHEW LINK - 01/07/2020
`
`Page 17
`Q. Yes. Let me know once you've had a chance to
`review it.
`A. So as I read paragraph 5, it is in a section
`related to NuVasive and XLIF history, and as I read the
`paragraph, in my recollection at the time is when asked
`to provide a characterization of, you know, what the
`XLIF procedure is, that's a relevant component of the
`procedure -- or a relevant consideration in the approach
`related to the procedure.
`Q. Let me back you up to paragraph 3. You define
`XLIF, as you've used it throughout your declaration, as
`"NuVasive's extreme Lateral Interbody Fusion, products
`and systems." Do you see that?
`A. I see in paragraph 3 where it says that, yes.
`Q. Okay. Can you tell me what's all included in
`that, what products and systems are you referring to?
`MR. ROSATO: Objection to form.
`THE WITNESS: So a general characterization of
`the products and technologies associated with that
`portfolio. Portfolio being the extreme Lateral
`Interbody Fusion.
`Again, from my tenure at the company, which is
`13 years, has been a series of retractor systems,
`dilating tools associated with retractor system. Sub --
`some components of an automatic nerve physioloqy system.
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`ALPHATEC HOLDINGS, INC., ALPHATEC SPINE INC. v. NUVASIVE INC.
`IPR2019-00362, Ex. 1052, p. 17 of 104
`
`
`
`MATTHEW LINK - 01/07/2020
`
`Page 18
`
`Instrumentation associated with addressing spinal
`anatomy, particularly the disc, space, as well as a
`number of interbody devices and fixation options for the
`lateral procedure.
`BY MS. WICKRAMASEKERA:
`Q. Okay. So when you are referring to XLIF
`throughout your declaration, you are referring to all of
`these systems and products that you just mentioned?
`MR. ROSATO: Objection to form.
`THE WITNESS: Again, I think it would depend
`on the specific context of wherever the statement lies.
`But as I just stated, generally speaking, those would
`all be technologies and components that comprise some
`portion of a XLIF procedure.
`BY MS. WICKRAMASEKERA:
`Q. If you already were referring to the implant
`specifically in your declaration, would you have called
`it "XLIF" or would you have called it the "CoRoent XL
`implant"?
`
`MR. ROSATO: Objection to form, foundation.
`THE WITNESS: Is there a specific segment you
`are referring to where I've categorized it one way or
`the other?
`BY MS. WICKRAMASEKERA:
`based on your answer
`Well, I was just a
`Q.
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`ALPHATEC HOLDINGS, INC., ALPHATEC SPINE INC. v. NUVASIVE INC.
`IPR2019-00362, Ex. 1052, p. 18 of 104
`
`
`
`MATTHEW LINK - 01/07/2020
`
`Page 19
`that if you used XLIF, it would depend on the context.
`And what I'm just trying to understand is, you have used
`"XLIF" throughout your declaration. And I understood
`from paragraph 3, you were defining "XLIF" to be
`NuVasive's Extreme Lateral Interbody Fusion products and
`systems. So are you using a different definition of
`XLIF anywhere else throughout the declaration?
`MR. ROSATO: Objection to form and foundation.
`THE WITNESS: Yeah, I don't recall. Again, if
`there is an area of specific question, I'd be happy to
`read it and address it. I don't recall any specific
`example.
`
`As I look through the declaration, I also see
`specific reference to the CoRoent XL implant, in
`addition to XLIF. So it would be helpful if you could
`maybe highlight a specific area where you have a
`question.
`BY MS. WICKRAMASEKERA:
`Q. Okay. How about paragraph 4. In the middle
`of the paragraph, you state, "When NuVasive began
`development of XLIF." Do you see that?
`A.
`"When NuVasive began development of XLIF," in
`paragraph 4, yes, I do.
`Q. Yes. When did NuVasive begin development of
`XLIF?
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`ALPHATEC HOLDINGS, INC., ALPHATEC SPINE INC. v. NUVASIVE INC.
`IPR2019-00362, Ex. 1052, p. 19 of 104
`
`
`
`MATTHEW LINK - 01/07/2020
`
`Page 20
`A. So the development of XLIF predates my time
`with the company. The procedure had already been
`launched and commercialized when I joined in 2006.
`Based on my experience and understanding from others in
`the company -- I mean, to some extent, the development
`of XLIF began as early when the company was founded.
`They began seeking an alternative minimally-invasive
`solution for the spine. And there was a series of
`developments.
`But, I guess, my general understanding was in
`or around, you know, 2001, in that general time period.
`But, again, that predaces my time with the company. I
`don't know specifically.
`Q. Okay. And then when you are saying, "When
`NuVasive began development of XLIF," what specifically
`are you referring to in that sentence as "XLIF"? What
`products, I guess? What -- what -- what products
`specifically are you referring to --
`MR. ROSATO: Objection to form.
`BY MS. WICKRAMASEKERA:
`Q. --in that sentence?
`A. So my recollection at the time of this
`statement would have been related to the products and
`technologies that I referenced earlier. So a series of
`retractor systems, dilating tools to support the
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`ALPHATEC HOLDINGS, INC., ALPHATEC SPINE INC. v. NUVASIVE INC.
`IPR2019-00362, Ex. 1052, p. 20 of 104
`
`
`
`MATTHEW LINK - 01/07/2020
`
`Page 21
`retractor system, implant -- interbody-implant options
`or solutions, lateral-fixation solutions and a subset of
`neurophysiology technology to support the procedure.
`Q. When specifically did NuVasive begin
`development of the CoRoent XL implant?
`A. I don't -- I don't know. And so when you -- I
`just want to clarify, when you say "CoRoent" -- you said
`"CoRoent XL implant"?
`Q. Yes.
`A. I don't know, off the top of my head,
`specifically.
`Q. Do you know who specifically developed the
`CoRoent XL implant?
`MR. ROSATO: Objection to form.
`THE WITNESS: I don't know who is specifically
`responsible for it, no.
`BY MS. WICKRAMASEKERA:
`Q. Do you know how long it took to develop the
`CoRoent XL implant?
`MR. ROSATO: Objection to form and foundation.
`THE WITNESS: I do not.
`BY MS. WICKRAMASEKERA:
`Q. Okay. In paragraph -- actually, stay with
`paragraph 5. At the end of paragraph 5, you state that,
`"NuVasive built and tested an array of specialized
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`ALPHATEC HOLDINGS, INC., ALPHATEC SPINE INC. v. NUVASIVE INC.
`IPR2019-00362, Ex. 1052, p. 21 of 104
`
`
`
`MATTHEW LINK - 01/07/2020
`
`Page 22
`instruments and surgical components, e.g., MaXcess
`retractor, neuromonitoring-equipped dilators,
`specially-constructed implants, to enable the XLIF
`surgical approach." Do you see that?
`A.
`I do see that, yes.
`Q. What -- how -- when you refer to
`"specially-instructed implants," what do you mean?
`A. So, again, my understanding of the evolution
`of the development process included an implant that
`could be optimized based on lateral insertion and the
`geometry associated with the available anatomy or
`anatomic access from a lateral approach.
`Q. What -- what sources of information did
`NuVasive draw on to develop the CoRoent XL implant, if
`you know?
`A. I do not know.
`Q. Do you know whether they -- NuVasive was
`looking at other implants that were available in the
`market at the time?
`MR. ROSATO: Objection to form and scope.
`THE WITNESS: I'm sorry. My -- my knowledge
`at the time was that they -- that there was some
`instances where allograft implants were utilized in a
`lateral approach and were found to be suboptimal, based
`on the -- the footprint or dimension of that implant in
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`ALPHATEC HOLDINGS, INC., ALPHATEC SPINE INC. v. NUVASIVE INC.
`IPR2019-00362, Ex. 1052, p. 22 of 104
`
`
`
`MATTHEW LINK - 01/07/2020
`
`Page 23
`
`the disc space.
`That1s the extent of my knowledge around
`implants associated with, again, what I understand to be
`the development of XLIF being the tools and technologies
`developed by NuVasive.
`BY MS. WICKRAMASEKERA:
`Q. Are you familiar with the work of Dr. Crock
`(phonetic)?
`A. I'm sorry?
`MR. ROSATO: Objection to form.
`BY MS. WICKRAMASEKERA:
`Q. Dr. Crock?
`A. I am not, no.
`Q. Okay. Who are you referring to when you are
`referring to prior insertion of allograft implants in a
`lateral approach, who's work are you referring to?
`A. I'm not referring to any one surgeon, in
`familiar. I'm referring to information and education I
`received when I joined the organization and in support
`of the rationale for the CoRoent XL implants and the
`advantages it offered relative to other implants that
`were available in the market at that time.
`Q. Was NuVasive aware of artificial implants
`being used in spinal fusion surgery before it developed
`CoRoent XL? ,
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`ALPHATEC HOLDINGS, INC., ALPHATEC SPINE INC. v. NUVASIVE INC.
`IPR2019-00362, Ex. 1052, p. 23 of 104
`
`
`
`MATTHEW LINK - 01/07/2020
`
`Page 24
`Objection to form, foundation.
`I’m sorry. What do you mean by
`
`MR. ROSATO:
`THE WITNESS:
`"artificial implants"?
`BY MS. WICKRAMASEKERA:
`Q.
`Non-bone.
`Same objection.
`MR. ROSATO:
`Again, I wasn't at NuVasive at
`THE WITNESS:
`the time that they ini':iated development of that
`implant.
`
`Excuse me. There is a scope in
`Thank you.
`
`MR. ROSATO:
`the objection, please.
`BY MS. WICKRAMASEKERA:
`Q.
`How were the -- was NuVasive aware of the
`publications regarding Dr. Brantigan's use of non-bone
`implants in spinal fusion surgery before it developed
`the CoRoent implant?
`MR. ROSATO:
`
`Objection to form, foundation,
`
`scope.
`
`Again, I wasn't present. I
`THE WITNESS:
`wasn’t part of the organization at that time, so I do
`not know.
`BY MS. WICKRAMASEKERA:
`Q.
`Okay. In paragraph 8, you refer to.
`"NuVasive’s initial expenditures for the development of
`XLIF that were approximately. $20 to $30 million." Do
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`ALPHATEC HOLDINGS, INC., ALPHATEC SPINE INC. v. NUVASIVE INC.
`IPR2019-00362, Ex. 1052, p. 24 of 104
`
`
`
`MATTHEW LINK - 01/07/2020
`
`Page 25
`
`you see that?
`A.
`Paragraph 8? I do see that, yes.
`Q. Okay. How much of that specifically was
`attributed to the CoRoent XL implant?
`A. I do not know how much was directly attributed
`to CoRoent XL.
`Q. I'm going to have you flip, just quickly, over
`to paragraph 16 in your declaration. And I'm going to
`refer you to the -- sort of the middle of the paragraph
`and it starts, "As of the end of 2017." Do you see
`that?
`
`I'm sorry.
`A.
`To?
`Paragraph 16.
`Q.
`Yes.
`A.
`And it is just -- it is towards the middle of
`Q.
`the paragraph. There is a sentence that starts, "As of
`the end of 2017." Do you see that?
`A. I do see that, yes.
`Q. Okay. So in paragraph 16 of your declaration,
`it states that, "As of the end of 2017, the CoRoent XL
`implant had generated about 400 million in revenue for
`NuVasive." Do you see that?
`A. I do see that, yes.
`Q. And you note in a footnote, "These revenue
`numbers are for the 18-millimeter-wide CoRoent XL
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`ALPHATEC HOLDINGS, INC., ALPHATEC SPINE INC. v. NUVASIVE INC.
`IPR2019-00362, Ex. 1052, p. 25 of 104
`
`
`
`MATTHEW LINK - 01/07/2020
`
`Page 26
`
`implant." Do you see that?
`A.
`I do see that, yes.
`Q. Do you have any understanding as to what drove
`the sales of the CoRoent XL implant --
`MR. ROSATO: Objection to form.
`BY MS. WICKRAMASEKERA:
`Q. -- that you are referring to here?
`A.
`I'm sorry?
`Q. That's okay. Maybe I asked that in a
`confusing way.
`A.
`Yeah.
`Q. Let me ask you this question: In reference to
`the sentence that I just read in your declaration in
`paragraph 16, do you have any understanding as to
`whether it was demand specifically for the CoRoent XL
`implant as opposed to some other component of XLIF that
`drove this $400 million sales figure?
`MR. ROSATO: Objection to form.
`THE WITNESS: So it is my understanding, based
`on financial information provided to me in support of
`this statement, as well as my own experience, that the
`revenues attributed to the CoRoent XL implant in that --
`again, in my experience, the CoRoent XL implant afforded
`a clinical advantage in terms of its biomechanical
`stability relative to smaller, implants. And that that
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`ALPHATEC HOLDINGS, INC., ALPHATEC SPINE INC. v. NUVASIVE INC.
`IPR2019-00362, Ex. 1052, p. 26 of 104
`
`
`
`MATTHEW LINK - 01/07/2020
`
`Page 27
`was a driving factor in the utilization of an implant
`like that.
`
`And I believe, in my experience, NuVasive
`invested in biomechanical data in support of those
`facts, to also then support the marketing and promotion
`of that implant in the market.
`BY MS. WICKRAMASEKERA:
`Q. Do you think any of the 400 million in revenue
`for the CoRoent XL 18-millimeter-wide implant was driven
`by anything other than the CoRoent XL implant?
`MR. ROSATO: Objection to form.
`THE WITNESS: I'm not sure I understand what
`you mean by "driven."
`BY MS. WICKRAMASEKERA:
`Q. Well, do you --do you think that the demand
`from -- from surgeons, for the CoRoent XL implant that's
`reflected in the $400 million number that you provided,
`do you believe that that's due solely to the CoRoent XL
`implant or could it also be due to the MaXcess
`retractor?
`
`MR. ROSATO: Objection to form.
`THE WITNESS: So, again, as I understand it,
`the $400 million is revenue is attributed directory to
`the CoRoent XL implant. Theoretically, per a surgeon's
`discretion, they, could place .another implant as an
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`ALPHATEC HOLDINGS, INC., ALPHATEC SPINE INC. v. NUVASIVE INC.
`IPR2019-00362, Ex. 1052, p. 27 of 104
`
`
`
`MATTHEW LINK - 01/07/2020
`
`Page 28
`alternative. Yet, this was the implant they chose.
`1
`And so I believe as it relates to this
`2
`statement, again, it is attributed --
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