`571-272-7822
`
`Paper 45
`Date: March 19, 2020
`
`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.
`
`
`IPR2019-00361 (Patent 8,187,334)
`IPR2019-00362 (Patent 8,361,156)
`IPR2019-00546 (Patent 8,187,334)
`
`
`
`
`
`
`
`
`
`
`Before Deputy Clerk, Hearing Operations.
`
`ORDER
`Conduct of the Proceeding
`35 U.S.C. §§ 42.5, 42.70
`
`
`
`
`
`
`
`
`
`
`
`IPR2019-00361 (Patent 8,187,334)
`IPR2019-00362 (Patent 8,361,156)
`IPR2019-00546 (Patent 8,187,334)
`
`
`An oral hearing before a panel of the Patent Trial and Appeal Board
`has been scheduled for Friday, April 3, 2020, at 9:00 AM EDT in
`Alexandria, Virginia. The parties are advised that this oral hearing will be
`conducted by video.
`You must contact PTAB Hearings at (571) 272-9797 five business
`days prior to the oral hearing date to receive video set-up information. As a
`reminder, all arrangements and the expenses involved with appearing by
`video, such as the selection of the facility to be used from which a party will
`attend by video, must be borne by that party. If a video connection cannot
`be established, the parties will be provided with dial-in connection
`information, and the oral hearing will be conducted telephonically.
`If one or both parties would prefer to participate in the oral hearing
`telephonically, they should notify PTAB Hearings at the above telephone
`number five business days prior to the hearing to receive dial-in connection
`information.
`The panel will have access to all papers filed with the Board,
`including demonstratives. During the oral hearing, the parties are advised to
`identify clearly and specifically each demonstrative referenced (e.g., by slide
`or screen number) to ensure the clarity and accuracy of the court reporter’s
`transcript. In addition, the parties are advised to identify themselves each
`time they speak. Furthermore, the remote nature of the oral hearing may
`also result in an audio lag, and so the parties are advised to observe a pause
`prior to speaking, so as to avoid speaking over others.
`Other than the logistics discussed in this Order, the remainder of the
`Board’s Hearing Order (Paper 44) remains in effect.
`
`2
`
`
`
`IPR2019-00361 (Patent 8,187,334)
`IPR2019-00362 (Patent 8,361,156)
`IPR2019-00546 (Patent 8,187,334)
`
`For PETITIONER:
`
`Jovial Wong
`David P. Dalke
`Nimalka R. Wickramasekera (pro hac vice)
`WINSTON & STRAWN LLP
`jwong@winston.com
`ddalke@winston.com
`nwickramasekera@winston.com
`
`For PATENT OWNER:
`
`Michael T. Rosato
`Paul D. Tripodi II
`Sonja R. Gerrard
`WILSON SONSINI GOODRICH & ROSATI
`mrosato@wsgr.com
`ptripodi@wsgr.com
`sgerrard@wsgr.com
`
`3
`
`