`571.272.7822
`
`
`
`
` Paper No. 58
`Entered: July 8, 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.
`____________
`
`
`IPR2019-00362
`Patent 8,361,156 B2
`
`____________
`
`
`Before DENISE M. POTHIER, HYUN J. JUNG, and
`SHEILA F. McSHANE, Administrative Patent Judges.
`
`POTHIER, Administrative Patent Judge.
`
`
`
`ORDER
`Granting Request to Expunge
`37 C.F.R. §§ 42.5, 42.7
`
`
`
`
`
`
`IPR2019-00362
`Patent 8,361,156 B2
`
`
`On January 17, 2019, Petitioner filed Petitioner’s Notice of
`Submission of Corrected Exhibit and Request to Expunge (“Request”).
`Paper 6. The Request states Petitioner “is concurrently submitting a
`replacement Exhibit 1018, which is a copy of the Final Written Decision
`entered in IPR2013-00208.” Request 1. Petitioner further indicates that “the
`originally-filed Exhibit 1018 . . . was a duplicate of Exhibit 1008” and
`requests the original submission be expunged and replaced with the
`concurrently-submitted version of Exhibit 1018. Id.
`Exhibit 1018 was originally submitted on December 13, 2018 (“the
`original Exhibit 1018”) and is entitled “Ex. 1018 – IPR2013-00208, Final
`Written Decision, Paper No. 62.” The original Exhibit 1018 actually is
`United States Patent Application Publication No. 2003/0028249 A1, which
`is the same document as Exhibit 1008. On January 17, 2019, another
`Exhibit 1018 (“the replacement Exhibit 1018”) was uploaded entitled “Ex.
`1018 (Corrected) – IPR2013-00208, Final Written Decision, Paper No. 62.”
`The replacement exhibit is the Final Written Decision in IPR2013-00208.
`Patent Owner does not address Exhibit 1018 in this regard in its
`Preliminary Response or other briefing. Papers 11, 27, 40, and 41. Patent
`Owner thus presents no opposition to Petitioner’s request to expunge.
`In order to correct the record, Petitioner’s request to expunge the
`original Exhibit 1018 is granted.
`
`
`
`
`
`2
`
`
`
`
`IPR2019-00362
`Patent 8,361,156 B2
`
`
`ORDER
`
`It is hereby:
`ORDERED that Petitioner’s request is granted and the original
`Exhibit 1018 filed December 13, 2018, shall be expunged.
`
`PETITIONER:
`
`Jovial Wong
`David P. Dalke
`Nimalka Wickramasekera
`WINSTON & STRAWN LLP
`jwong@winston.com
`ddalke@winston.com
`nwickramasekera@winston.com
`
`PATENT OWNER:
`
`Michael T. Rosato
`Paul D. Tripodi II
`Sonja R. Gerrard
`Jad A. Mills
`WILSON SONSINI GOODRICH & ROSATI
`mrosato@wsgr.com
`ptripodi@wsgr.com
`sgerrard@wsgr.com
`jmills@wsgr.com
`
`
`
`
`
`
`
`3
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
