`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`ALPHATEC HOLDINGS, INC. AND ALPHATEC SPINE, INC.
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`Petitioner,
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`v.
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`NUVASIVE, INC.,
`Patent Owner
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`Case No. IPR2019-00362
`U.S. Patent No. 8,361,156
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`DECLARATION OF NIMALKA R. WICKRAMASEKERA IN SUPPORT
`OF MOTION FOR PRO HAC VICE ADMISSION
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`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`PO Box 1450
`Alexandria, Virginia 22313–1450
`Submitted Electronically via the PTAB E2E
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`ALPHATEC HOLDINGS, INC., ALPHATEC SPINE INC. v. NUVASIVE INC.
`IPR2019-00362, Ex. 1048, p. 1 of 4
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`Pursuant to 37 C.F.R. § 1.68, I, Nimalka R. Wickramasekera, attest to the
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`following:
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`1. I am a member in good standing of the State Bar of California and the
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`State Bar of Illinois, and admitted to practice in the following Federal Courts:
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`a. United States District Court, Central District of California;
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`b. United States District Court, Southern District of California;
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`c. United States District Court, Northern District of California;
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`d. United States District Court, Southern District of New York;
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`e. United States District Court, Eastern District of New York;
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`f. United States District Court, District of New Jersey;
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`g. United States District Court, Eastern District of Texas;
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`h. United States District Court, Western District of Texas;
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`i. United States District Court, District of Colorado;
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`j. United States District Court, District of Indiana; and
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`k. United States District Court, Northern District of Georgia.
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`2. I have not been suspended or disbarred from practice before any court
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`or administrative body.
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`3. I have never had an application for admission to practice before any
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`court or administrative body denied.
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`4. I have never had sanctions or contempt citations imposed by any court
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`ALPHATEC HOLDINGS, INC., ALPHATEC SPINE INC. v. NUVASIVE INC.
`IPR2019-00362, Ex. 1048, p. 2 of 4
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`or administrative body imposed against me.
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`5. I have read and will comply with the Office Patent Trial Practice
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`Guide and the Board’s Rules of Practice for Trials set forth in Part 42 of Title 37,
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`Code of Federal Regulations.
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`6. I will be subject to the USPTO Code of Professional Responsibility
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`set forth in 37 C.F.R. §§ 11.101 et seq., and to disciplinary jurisdiction under 37
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`C.F.R. § 11.19(a).
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`7. I have not applied to appear pro hac vice in the last three years in any
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`other matter before the Board. I was previously admitted to appear pro hac vice in
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`Case Nos. IPR2013-00206, IPR2013-00208, and IPR2013-00396. I am currently
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`applying to appear pro hac vice in two related matters before the Board,
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`specifically Case Nos. IPR2019-00361 and IPR2019-00546.
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`8. I am lead counsel for Petitioner in NuVasive, Inc. v. Alphatec
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`Holdings, Inc. et al., Case No. 3:18-cv-00347-CAB-MDD (S.D. Cal.), filed on
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`February 13, 2018, where the ’156 patent is currently being asserted. Until it
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`settled, I was also counsel for Warsaw Orthopedic, Inc. in Warsaw Orthopedic,
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`Inc. et al. v. NuVasive, Inc., Case No. 3:12-cv-002738-CAB-MDD (S.D. Cal.),
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`filed on August 17, 2012, in which Patent Owner previously asserted the ’156
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`9. I am an experienced litigation attorney and have been involved in
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`patent.
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`ALPHATEC HOLDINGS, INC., ALPHATEC SPINE INC. v. NUVASIVE INC.
`IPR2019-00362, Ex. 1048, p. 3 of 4
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`numerous patent infringement cases in federal courts across the country. I have
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`thirteen (13) years of litigation experience. I have experience in various aspects of
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`patent infringement matters including all aspects of litigation leading up to jury
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`trials and bench trials, Markman hearings, and other dispositive hearings. I have
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`obtained substantial familiarity with the involved patent, the prior art, and the
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`various issues raised in this proceeding, having litigated this technology for over
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`ten years, including in proceedings involving the prior art patents. I have
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`reviewed the Petition, and the cited materials, and am familiar with the subject
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`matter involved in this proceeding. I was involved in the preparation of the
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`Petition upon which the Board instituted trial.
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`10. I have a Bachelor of Science in Molecular, Cell, and Developmental
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`Biology from UCLA, received in 1999.
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`I declare under penalty of perjury that the foregoing is true and correct.
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`/Nimalka R. Wickramasekera/
`Nimalka R. Wickramasekera
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`Dated: February 19, 2019
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`ALPHATEC HOLDINGS, INC., ALPHATEC SPINE INC. v. NUVASIVE INC.
`IPR2019-00362, Ex. 1048, p. 4 of 4
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