`571-272-7822
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` Paper 18
` Entered: July 9, 2019
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`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.
`____________
`
`Case IPR2019-00546
`Patent 8,187,334 B2
`____________
`
`
`Before DENISE M. POTHIER, HYUN J. JUNG, and
`SHEILA F. McSHANE, Administrative Patent Judges.
`
`JUNG, Administrative Patent Judge.
`
`
`ORDER
`Granting Request to Expunge
`37 C.F.R. §§ 42.5, 42.7
`
`
`
`
`
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`
`
`IPR2019-00546
`Patent 8,187,334 B2
`
`
`On January 10, 2019, concurrently with the filing of its Petition,
`Petitioner filed an Exhibit 1041. The January 25, 2019 Notice of Filing Date
`Accorded to Petition and Time for Filing Patent Owner Preliminary
`Response stated that “Exhibit 1041 has a page range of 1 to 113, and was
`filed in two parts.” Paper 3, 2. It also stated that “part 2 is identical to part
`1—each is pages 1 to 100—and pages 101 to 113 were not filed” and that
`“[c]orrection is required.” Id.
`On January 31, 2019, Petitioner filed a replacement Exhibit 1041 part
`2. Petitioner also requested that the originally-filed Exhibit 1041 part 2 be
`expunged. Paper 7, 1. Patent Owner timely filed its Preliminary Response
`on April 25, 2019 and the Preliminary Response does not address Exhibit
`1041. Paper 10. Patent Owner presents no opposition to Petitioner’s request
`to expunge.
`In order to correct the record, Petitioner’s request to expunge
`originally-filed Exhibit 1041 part 2 is granted.
`
`
`ORDER
`
`It is hereby:
`ORDERED that Petitioner’s request is granted and the original
`Exhibit 1041 part 2 filed on January 10, 2019 shall be expunged.
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`2
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`IPR2019-00546
`Patent 8,187,334 B2
`
`For PETITIONER:
`Jovial Wong
`David P. Dalke
`WINSTON & STRAWN LLP
`Alphatec-IPR@winston.com
`
`
`For 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
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`3
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