`From:
`Sent:
`To:
`Cc:
`Subject:
`Attachments:
`
`Rosato, Michael
`Monday, September 30, 2019 4:31 PM
`Wong, Jovial; Dalke, David P.; Wickramasekera, Nimalka
`Gerrard, Sonja; Mills, Jad
`IPR2019-00361, -362, -546 (Alphatec v. NuVasive)
`Alphatec v. NuVasive - Due Date Appendix.pdf; Exhibit 4.pdf
`
`Importance:
`
`High
`
`Counsel,
`
`We would like to make a 2 week extension for response time in the above case, which we can apply to due dates 1‐3
`(illustrated in the attached document). Please let us know if the extension is agreeable. Note that we are not filing a
`motion to amend claims in any of the cases.
`
`As you know, the cross‐examination of Dr. Branch just took place on Sept. 24th. We also understand that Aphatec
`produced certain documents in the co‐pending district court litigation on Sept. 25th, including the attached document
`from Dr. Brantigan (“Brantigan Document” ‐ marked Exhibit 4 in the litigation). The Brantigan Document discusses sizing
`of the Brantigan implants (as in Ex. 1007 in the IPRs – US 5,192,327), citing the Berry reference (Ex. 1022 in the IPRs).
`
`The extension of time is necessary to allow us to obtain the final transcript from the deposition of Dr. Branch and
`address that testimony in our briefing, and to assess the documents obtained from the district court litigation. If there is
`no objection to the time extension, we will send over a draft stipulation prior to filing.
`
`Best regards,
`
`Michael T Rosato
`Wilson Sonsini Goodrich & Rosati
`[o] 206.883.2529 | [f] 206.883.2699
`mrosato@wsgr.com
`
`
`1
`
`NUVASIVE - EXHIBIT 2061
`Alphatec Holdings Inc. et al. v. NuVasive, Inc.
`IPR2019-00362
`
`
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