Nuvasive, Inc. v. Alphatec Holdings, Inc. et al
| Nuvasive, Inc. |
| Alphatec Holdings, Inc. and Alphatec Spine, Inc. |
| Gregory Lucier |
| 3:2018cv00347 |
| February 13, 2018 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Cathy Ann Bencivengo |
| Mitchell D Dembin |
| Barbara Lynn Major |
| Dana M Sabraw |
| Patent |
| 35 U.S.C. § 0271 Patent Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 20, 2022. A more recent docket listing may be available from PACER.
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Filing 421
NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial, Day 9, Volume 9) held on 3/11/2022 before Judge Cathy Ann Bencivengo. Court Reporter/Transcriber: Mauralee Ramirez. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 5/10/2022. Redacted Transcript Deadline set for 5/20/2022. Release of Transcript Restriction set for 7/18/2022. (akr)
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Filing 420
NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial, Day 8, Volume 8) held on 3/10/2022 before Judge Cathy Ann Bencivengo. Court Reporter/Transcriber: Mauralee Ramirez. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 5/10/2022. Redacted Transcript Deadline set for 5/20/2022. Release of Transcript Restriction set for 7/18/2022. (akr)
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Filing 419
NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial, Day 7, Volume 7) held on 3/9/2022 before Judge Cathy Ann Bencivengo. Court Reporter/Transcriber: Mauralee Ramirez. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 5/10/2022. Redacted Transcript Deadline set for 5/20/2022. Release of Transcript Restriction set for 7/18/2022. (akr)
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Filing 418
NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial, Day 6, Volume 6) held on 3/8/2022 before Judge Cathy Ann Bencivengo. Court Reporter/Transcriber: Mauralee Ramirez. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 5/10/2022. Redacted Transcript Deadline set for 5/20/2022. Release of Transcript Restriction set for 7/18/2022. (akr)
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Filing 417
NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial, Day 5, Volume 5) held on 3/7/2022 before Judge Cathy Ann Bencivengo. Court Reporter/Transcriber: Mauralee Ramirez. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 5/10/2022. Redacted Transcript Deadline set for 5/20/2022. Release of Transcript Restriction set for 7/18/2022. (akr)
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Filing 416
NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial, Day 4, Volume 4) held on 3/4/2022 before Judge Cathy Ann Bencivengo. Court Reporter/Transcriber: Mauralee Ramirez. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 5/10/2022. Redacted Transcript Deadline set for 5/20/2022. Release of Transcript Restriction set for 7/18/2022. (akr)
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Filing 415
NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial, Day 3, Volume 3) held on 3/3/2022 before Judge Cathy Ann Bencivengo. Court Reporter/Transcriber: Mauralee Ramirez. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 5/10/2022. Redacted Transcript Deadline set for 5/20/2022. Release of Transcript Restriction set for 7/18/2022. (akr)
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Filing 414
NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial, Day 2, Volume 2) held on 3/2/2022 before Judge Cathy Ann Bencivengo. Court Reporter/Transcriber: Mauralee Ramirez. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 5/10/2022. Redacted Transcript Deadline set for 5/20/2022. Release of Transcript Restriction set for 7/18/2022. (akr). (Main Document 414 replaced on 4/19/2022 with transcript with correction made to the case number listed in the header. Corrected copy provided by the Court Reporter.) (akr).
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Filing 413
NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Jury Trial, Day 1, Volume 1) held on 3/1/2022 before Judge Cathy Ann Bencivengo. Court Reporter/Transcriber: Mauralee Ramirez. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 5/10/2022. Redacted Transcript Deadline set for 5/20/2022. Release of Transcript Restriction set for 7/18/2022. (akr)
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Filing 412
NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Status Hearing) held on 2/28/2022 before Judge Cathy Ann Bencivengo. Court Reporter/Transcriber: Mauralee Ramirez. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 5/10/2022. Redacted Transcript Deadline set for 5/20/2022. Release of Transcript Restriction set for 7/18/2022. (akr)
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Filing 408
ORDER Granting Joint Stipulation for Extension of Deadline to File Post-Trial Motions [Doc. No. #407 ]. Signed by Judge Cathy Ann Bencivengo on 4/7/2022. (anh)
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Filing 407
Joint MOTION /Joint Stipulation for Extension of Time re Deadline for Post-Trial Motions by Alphatec Hol18-cv-00347-CAB-MDD dings, Inc., Alphatec Spine, Inc.. (Nisbet, Brian) (anh).
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Filing 406
NOTICE of Teleconference Information Sheet. Teleconference set for 04/28/2022 at 9:15AM. (jb1)
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Filing 405
Minute Order and Order Setting Settlement Disposition Conference: A post-verdict settlement conference was held on March 28, 2022. A settlement in principle was reached. Accordingly, a telephonic Settlement Disposition Conference will be held April 28, 2022 at 9:15 AM before Magistrate Judge Mitchell D. Dembin. Only counsel are required to participate. Counsel are ordered to use the dial-in information filed as a separate notice to access the Court's teleconference service. If a Joint Motion for Dismissal is filed prior to the SDC, the conference will be taken off calendar. (The teleconference information sheet can be accessed through ECF using the login information assigned to an attorney of record in the case and then selecting the report option. On the next screen, the docket sheet option should be selected, prompting the user for a PACER login (assigned to the attorney of record). Once the PACER login is completed, the case number can be entered which will display the docket sheet for the case and allow the user to open the teleconference information sheet.). IT IS SO ORDERED by Magistrate Judge Mitchell D. Dembin on 03/28/2022. (Plaintiff Attorney Morris Fodeman; Wendy Devine; Erik Carlson).(Defendant Attorney Nimalka Wickramasekera).(Plaintiff's Representative Nathaniel Sisitsky; Defendants' Representative Craig Hunsaker). (no document attached) (jb1)
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Filing 404
Order Setting Post-Verdict Settlement Videoconference: A post-verdict settlement videoconference is SET for March 28,2022 at 9:30 a.m.. Due to the Court's criminal calendar, the conference must end by 12:30 p.m. Party representatives with settlement authority and counsel must attend. Counsel are ORDERED to email a list of participants (title, role, and email address) to efile_dembin@casd.uscourts.gov on or before March 24, 2022 to receive a zoom invitation to the videoconference. IT IS SO ORDERED by Magistrate Judge Mitchell D. Dembin on 03/23/2022.(no document attached) (jb1)
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Filing 400
Minute Order: Pursuant to Civil Local Rule 16.3(g), the Court orders the parties to schedule a post-verdict settlement conference before Magistrate Judge Dembin, or any other judge to which the parties mutually agree, to take place no later than April 8, 2022.(anh)
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Filing 411
COURT Exhibit List w/exhibits. (lmh)
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Filing 410
Exhibit List as to defendant Alphatec Holdings, Inc.(lmh)
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Filing 409
Exhibit List as to Plaintiff Nuvasive, Inc. (lmh)
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Filing 403
Jury Trial Witness List. (lmh)
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Filing 402
JURY VERDICT Form. (Attachments: #1 Supplement)(lmh)
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Filing 401
Final Jury Instructions. (lmh)
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Filing 399
Minute Entry for proceedings held before Judge Cathy Ann Bencivengo: Jury Trial completed on 3/11/2022. Day of Trial day 9. 9 Trial Jurors Present. Jury deliberations resumed at 8:30 AM. Court Exhibits marked. Judge ordered lunch to be provided at court expense. Jury returned at 2:02 PM. Verdict reached and read into the record. Post-trial motions to be filed by 4/22/2022.(Court Reporter/ECR Mauralee Ramirez). (Plaintiff Attorney Morris Fodeman, Wendy Devine, Natalie Morgan). (Defendant Attorney Nimalka Wickramasekera, George Lombardi, Brian Nisbet, Robert Kang). (no document attached) (lmh)
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Filing 398
Minute Entry for proceedings held before Judge Cathy Ann Bencivengo: Jury Trial held on 3/10/2022. Day of Trial: day 8. 9 Trial Jurors Present. Swore witnesses. Exhibits marked/received. Parties' oral motions on JMOLs are denied without prejudice. Jury retired to deliberate at 3:39 PM. Judge ordered lunch to be provided at court expense. Jury released for day at 4:20 PM. Jury Trial/Deliberations continued to 3/11/2022 08:30 AM in Courtroom 15A before Judge Cathy Ann Bencivengo.(Court Reporter/ECR Mauralee Ramirez). (Plaintiff Attorney Morris Fodeman, Wendy Devine, Natalie Morgan). (Defendant Attorney Nimalka Wickramasekera, George Lombardi, Brian Nisbet, Robert Kang, Saranya Raghavan). (no document attached) (lmh)
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Filing 397
NOTICE of Lodgment by Alphatec Holdings, Inc., Alphatec Spine, Inc. of Deposition Designation Clip Reports (Attachments: #1 Exhibit 1. J. English Clip Report, #2 Exhibit 2. E. Finley Clip Report, #3 Exhibit 3. M. Link Clip Report, #4 Exhibit 4. M. Link Clip Report, #5 Exhibit 5. M. Link Clip Report, #6 Exhibit 6. G. Lucier Clip Report, #7 Exhibit 7. P. McClintock Clip Report, #8 Exhibit 8. P. Moazzaz Clip Report)(Nisbet, Brian) (anh).
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Filing 395
NOTICE of Lodgment by Nuvasive, Inc. to Witness Deposition Designation Clip Reports (Attachments: #1 Exhibit 1 K. Howell Clip Report, #2 Exhibit 2 F. Chang Clip Report, #3 Exhibit 3 S. Robinson Clip Report, #4 Exhibit 4 M. Aleali Clip Report, #5 Exhibit 5 K. Howell Clip Report, #6 Exhibit 6 S. Robinson Clip Report)(Carlson, Erik) (anh).
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Filing 396
Minute Entry for proceedings held before Judge Cathy Ann Bencivengo: Jury Trial held on 3/9/2022. Day of Trial: day 7. 9 Trial Jurors Present. Swore witnesses. Exhibits marked/received. Jury Trial continued to 3/10/2022 08:30 AM in Courtroom 15A before Judge Cathy Ann Bencivengo. (Court Reporter/ECR Mauralee Ramirez). (Plaintiff Attorney Morris Fodeman, Wendy Devine, Natalie Morgan). (Defendant Attorney Nimalka Wickramasekera, George Lombardi, Brian Nisbet, Robert Kang, Saranya Raghavan). (Trenton Tanner).(no document attached) (lmh)
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Filing 394
Minute Entry for proceedings held before Judge Cathy Ann Bencivengo: Jury Trial held on 3/8/2022. Day of Trial: day 6. 9 Trial Jurors Present. Swore witnesses. Exhibits marked/received. Jury Trial continued to 3/9/2022 08:30 AM in Courtroom 15A before Judge Cathy Ann Bencivengo.(Court Reporter/ECR Mauralee Ramirez). (Plaintiff Attorney Morris Fodeman, Wendy Devine, Natalie Morgan). (Defendant Attorney Nimalka Wickramasekera, George Lombardi, Brian Nisbet, Robert Kang, Saranya Raghavan). (Trenton Tanner).(no document attached) (lmh)
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Filing 393
Minute Entry for proceedings held before Judge Cathy Ann Bencivengo: Jury Trial held on 3/7/2022. Day of Trial: day 5. 9 Trial Jurors Present. Swore witnesses. Exhibits marked/received. Jury Trial continued to 3/8/2022 08:30 AM in Courtroom 15A before Judge Cathy Ann Bencivengo.(Court Reporter/ECR Mauralee Ramirez). (Plaintiff Attorney Morris Fodeman, Wendy Devine, Natalie Morgan, Erik Carlson, Trenton Tanner). (Defendant Attorney Nimalka Wickramasekera, George Lombardi, Brian Nisbet, Robert Kang). (no document attached) (lmh)
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Filing 392
Minute Entry for proceedings held before Judge Cathy Ann Bencivengo: Jury Trial held on 3/4/2022. Day of Trial:day 4. 9 Trial Jurors Present. Swore witnesses. Exhibits marked/received. Jury Trial continued to 3/7/2022 08:30 AM in Courtroom 15A before Judge Cathy Ann Bencivengo. (Court Reporter/ECR Mauralee Ramirez). (Plaintiff Attorney Morris Fodeman, Wendy Devine, Natalie Morgan). (Defendant Attorney Nimalka Wickramasekera, George Lombardi, Brian Nisbet, Robert Kang). (no document attached) (lmh)
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Filing 391
SUPPLEMENTAL BRIEFING by Defendants Alphatec Holdings, Inc., Alphatec Spine, Inc. . (Attachments: #1 Exhibit A, #2 Exhibit B)(Wickramasekera, Nimalka) (anh).
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Filing 390
SUPPLEMENTAL BRIEFING by Plaintiff Nuvasive, Inc. Bench Brief Regarding Nexus and XLIF. (Attachments: #1 Declaration of Wendy L. Devine ISO Bench Brief, #2 Exhibit A to Wendy L. Devine Declaration, #3 Exhibit B to Wendy L. Devine Declaration, #4 Exhibit C to Wendy L. Devine Declaration)(Devine, Wendy) (anh).
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Filing 389
Minute Entry for proceedings held before Judge Cathy Ann Bencivengo: Jury Trial held on 3/3/2022. Day of Trial: day 3. 9 Trial Jurors Present. Swore witnesses. Exhibits marked/received. Jury Trial continued to 3/4/2022 08:30 AM in Courtroom 15A before Judge Cathy Ann Bencivengo.(Court Reporter/ECR Mauralee Ramirez). (Plaintiff Attorney Morris Fodeman, Wendy Devine, Natalie Morgan, Trenton Tanner). (Defendant Attorney Nimalka Wickramasekera, George Lombardi, Brian Nisbet, Robert Kang, Saranya Raghavan). (no document attached) (lmh)
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Filing 388
Minute Entry for proceedings held before Judge Cathy Ann Bencivengo: Jury Trial held on 3/2/2022. Day of Trial: day 2. 9 Trial Jurors Present. Swore witnesses. Exhibits marked/received. Jury Trial continued to 3/3/2022 08:30 AM in Courtroom 15A before Judge Cathy Ann Bencivengo.(Court Reporter/ECR Mauralee Ramirez). (Plaintiff Attorney Morris Fodeman, Wendy Devine, Natalie Morgan). (Defendant Attorney Nimalka Wickramasekera, George Lombardi, Brian Nisbet, Robert Kang). (no document attached) (lmh)
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Filing 387
Minute Entry for proceedings held before Judge Cathy Ann Bencivengo: Jury Trial begins on 3/1/2022. Day of Trial - day 1. Jury impaneled. Swore witnesses. Exhibits marked/received. Jury Trial continued to 3/2/2022 08:30 AM in Courtroom 15A before Judge Cathy Ann Bencivengo. (Court Reporter/ECR Mauralee Ramirez). (Plaintiff Attorney Morris Fodeman, Wendy Devine, Natalie Morgan). (Defendant Attorney Nimalka Wickramasekera, George Lombardi, Brian Nisbet, Robert Kang). (no document attached) (lmh)
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Filing 386
Minute Order for proceedings held before Judge Cathy Ann Bencivengo:Status Hearing re Procedural Disputes held on 2/28/2022. Additionally, #373 MOTION to Quash or Modify Trial Subpoena filed by Gregory Lucier is denied for reasons stated on the record. (Court Reporter/ECR Mauralee Ramirez). (Plaintiff Attorney Morris Fodeman, Erik Carlson, Wendy Devine, Trenton Tanner).(Defendant Attorney Nimalka Wickramasekera, Robert Kang, Lev Tsukerman). (no document attached) (lmh)
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Filing 385
NOTICE of Hearing: Upon request of the parties, a Status Hearing to address pretrial disputes is set for 2/28/2022 01:30 PM in Courtroom 15A before Judge Cathy Ann Bencivengo. (no document attached) (lmh)
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Filing 384
REPLY to Response to Motion re #373 MOTION to Quash or Modify Trial Subpoena filed by Gregory Lucier. (Attachments: #1 Declaration of Trenton D. Tanner In Support of Movant Gregory Lucier's Reply, #2 Exhibit 4)(Tanner, Trenton) (anh).
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Filing 383
RESPONSE in Opposition re #373 MOTION to Quash or Modify Trial Subpoena filed by Alphatec Holdings, Inc., Alphatec Spine, Inc.. (Attachments: #1 Declaration of Brian Nisbet, #2 Exhibit 1, #3 Exhibit 2)(Wickramasekera, Nimalka) (anh).
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Filing 382
ORDER Granting Nuvasive Inc.'s Request for Approval to Use Electronic Equipment and to Bring Surgical Instruments Into Courtroom. Signed by Judge Cathy Ann Bencivengo on 2/23/2022.(anh)
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Filing 381
ORDER Granting Defendants' Request for Approval to Use Electronic Equipment and to Bring Surgical Instruments to Courtroom. Signed by Judge Cathy Ann Bencivengo on 2/23/2022.(anh)
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Filing 380
NOTICE of Lodgment by Alphatec Holdings, Inc., Alphatec Spine, Inc. of Defendants' Flash Drive of Trial Exhibits (Nisbet, Brian) (anh).
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Filing 379
NOTICE of Lodgment by Nuvasive, Inc. Flash Drive of Trial Exhibits (Carlson, Erik) (anh).
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Filing 378
ORDER regarding Joint Stipulation to Modify Pretrial Order Deadlines re #377 . Signed by Judge Cathy Ann Bencivengo on 2/11/2022. (All non-registered users served via U.S. Mail Service)(axc)
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Filing 377
Joint MOTION Joint Stipulation to Modify Pretrial Order Deadlines by Nuvasive, Inc.(a Delaware corporation). (Carlson, Erik) (anh).
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Filing 376
Minute Entry for proceedings (not reported) held before Judge Cathy Ann Bencivengo: Telephonic Status Conference regarding the Courts current COVID-19 procedures, jury selection protocol, and preliminary jury instructions held on 2/10/2022.(no document attached) (lmh)
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Filing 375
ORDER Granting Ex Parte Application for Shortening Time [Doc. No. #374 ]. Signed by Judge Cathy Ann Bencivengo on 2/10/2022. (anh)
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Filing 374
NOTICE of Application for Unopposed Ex Parte for Shortening of Time Related to Motion to Quash or Modify Trial Subpoena by Gregory Lucier re #373 MOTION to Quash or Modify Trial Subpoena (Attachments: #1 Declaration of Trent Tanner In Support of Application for Ex Parte)(Tanner, Trenton) (anh).
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Filing 373
MOTION to Quash or Modify Trial Subpoena by Gregory Lucier. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Gregory Lucier, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3)(Tanner, Trenton) (anh).
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Filing 372
ORDER Approving the Pro Hac Vice Application of Jennifer Marie Erickson Baak, re #371 Request to Appear Pro Hac Vice. Signed by Judge Cathy Ann Bencivengo on 2/9/2022.(rmc)
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Filing 371
Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-16555166.) (Application to be reviewed by Clerk.) (Erickson Baak, Jennifer) (rmc).
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Filing 370
MINUTE ORDER: A telephonic status conference regarding the Courts current COVID-19 procedures, jury selection protocol, and preliminary jury instructions is HEREBY SET for February 10, 2022 at 11:00 a.m. Counsel for the parties shall participate in the conference using an AT&T Teleconference connection at (888) 398-2342, access code: 1749358.(anh)
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Filing 369
NOTICE of Withdrawal of Counsel Sara L. Tolbert and Rhyea Malik by Nuvasive, Inc. (Morgan, Natalie) (anh).
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Filing 368
ORDER Resetting Pretrial and Trial Dates. Signed by Judge Cathy Ann Bencivengo on 1/7/2022.(anh)
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Filing 367
MINUTE ORDER: It is hereby ORDERED that the current trial schedule [Doc. No. #354 ] is VACATED due to the current status of the COVID-19 pandemic. The conference set for January 4, 2022 [Doc. No. #366 ] is also VACATED. The parties shall provide the Court with a joint proposal for new trial dates and related deadlines by January 7, 2022. It is SO ORDERED.(anh)
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Filing 366
MINUTE ORDER: The Court held an (off the record) telephonic status conference concerning trial status on December 30, 2021. A further (on the record) telephonic status conference concerning trial status is HEREBY SET for January 4, 2022 at 10:00 a.m. Counsel for the parties shall participate in the conference using an AT&T Teleconference connection at (888) 398-2342, access code: 1749358. It is SO ORDERED.(anh)
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Filing 365
MINUTE ORDER: It is hereby ORDERED that a telephonic conference concerning trial status is set for December 30, 2021 at 10:30 a.m. Counsel for the parties shall participate in the conference using an AT&T Teleconference connection at (888) 398-2342, access code: 1749358. It is SO ORDERED.(anh)
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Filing 364
NOTICE Parties' Agreed Proposed Verdict Form by Nuvasive, Inc.(a Delaware corporation) (Attachments: #1 NuVasive's Proposed Verdict Form, #2 Alphatec's Proposed Verdict Form)(Dashe, Christina) (anh).
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Filing 363
Proposed Voir Dire by Nuvasive, Inc.(a Delaware corporation). (Dashe, Christina)(anh).
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Filing 362
PROPOSED JURY INSTRUCTIONS by Nuvasive, Inc.(a Delaware corporation). (Attachments: #1 Parties' Agreed Proposed Jury Instructions, #2 Alphatec's Proposed Jury Instructions, #3 NuVasive's Proposed Jury Instuctions, #4 REDLINE of Alphatec's Proposed Jury Instructions against NuVasive, #5 REDLINE of NuVasive's Proposed Jury Instructions Against Alphatec)(Dashe, Christina) (anh).
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Filing 361
NOTICE of Lodgment by Nuvasive, Inc.(a Delaware corporation) Notice of Lodgment of Parties' Proposed Joint Jury Notebook (Dashe, Christina) (anh).
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Filing 360
NOTICE of Appearance by Sonja Rochelle Gerrard on behalf of Nuvasive, Inc. (Gerrard, Sonja)Attorney Sonja Rochelle Gerrard added to party Nuvasive, Inc.(pty:pla) (anh).
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Filing 359
NOTICE of Appearance by Robert N. Kang on behalf of Alphatec Holdings, Inc., Alphatec Spine, Inc. (Kang, Robert)Attorney Robert N. Kang added to party Alphatec Holdings, Inc.(pty:dft), Attorney Robert N. Kang added to party Alphatec Spine, Inc.(pty:dft) (anh).
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Filing 358
NOTICE OF WITHDRAWAL OF DOCUMENT by Alphatec Spine, Inc. and Substitution of Exhibit [341-16]. (Attachments: #1 Corrected Exhibit 14 to Nisbet Declaration ISO Defendants' Motions in Limine)(Wickramasekera, Nimalka)
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Filing 357
NOTICE of Appearance by Evan Thomas Sumner on behalf of Nuvasive, Inc. (Sumner, Evan)Attorney Evan Thomas Sumner added to party Nuvasive, Inc.(pty:pla) (anh).
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Filing 356
NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Motions in limine/Pretrial Conference) held on 11/12/2021 before Judge Cathy Ann Bencivengo. Court Reporter/Transcriber: Mauralee Ramirez. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 12/9/2021. Redacted Transcript Deadline set for 12/20/2021. Release of Transcript Restriction set for 2/16/2022. (akr)
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Filing 355
PRETRIAL ORDER. Signed by Judge Cathy Ann Bencivengo on 11/16/2021.(anh)
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Filing 354
ORDER Resetting Pretrial and Trial Dates. Signed by Judge Cathy Ann Bencivengo on 11/16/2021.(anh)
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Filing 353
Minute Order for proceedings held before Judge Cathy Ann Bencivengo: Motion Hearing held on 11/12/2021. For reasons stated on the record, #341 In Limine MOTION to Exclude and Preclude Opinions and Testimony filed by Alphatec Holdings, Inc., Alphatec Spine, Inc. and #342 In Limine MOTION to Preclude Combined Motions in Limine Nos. 1-8 filed by Nuvasive, Inc. are denied without prejudice. Final Pretrial Conference held on 11/12/2021. Jury Trial set for 12/8/2021 is vacated and reset to 1/10/2022 08:45 AM in Courtroom 15A before Judge Cathy Ann Bencivengo. (Court Reporter/ECR Mauralee Ramirez). (Plaintiff Attorney Morris Fodeman, Wendy Devine, Erik Carlson, Natalie Morgan).(Defendant Attorney Nimalka Wickramasekera, Brian Nisbet, Saranya Raghavan). (no document attached) (lmh)
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Filing 352
NOTICE Pursuant to 35 U.S.C. 282 by Alphatec Holdings, Inc., Alphatec Spine, Inc. (Wickramasekera, Nimalka) (anh).
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Filing 351
MINUTE ORDER:It is hereby ORDERED that Defendants ex parte application to appear telephonically at the November 12, 2021, pretrial conference [Doc. No. #346 ] is GRANTED. Mr. Lombardi and any other attorneys or parties who will not have a speaking role at the conference may appear by telephone using an AT&T Teleconference connection at (888) 398-2342, access code: 1749358. Anyone appearing by telephone shall connect to the line at least five minutes prior to the start of the hearing. It is SO ORDERED. (anh)
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Filing 350
DECLARATION re #349 Response in Opposition to Motion Declaration of Trent D. Tanner by Counter Defendants Nuvasive, Inc., Nuvasive, Inc., Plaintiff Nuvasive, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5 (part 1), #6 Exhibit 6 (part 2), #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26)(Devine, Wendy) (anh).
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Filing 349
RESPONSE in Opposition re #341 In Limine MOTION to Exclude and Preclude Opinions and Testimony filed by Nuvasive, Inc.(a Delaware corporation). (Devine, Wendy) (anh).
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Filing 348
NOTICE of Lodgment by Nuvasive, Inc.(a Delaware corporation) of Pretrial Order Pursuant to Civil Local Rule 16.1.f.6.b (Devine, Wendy) (anh).
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Filing 347
RESPONSE in Opposition re #342 In Limine MOTION to Preclude Combined Motions in Limine Nos. 1-8 filed by Alphatec Holdings, Inc., Alphatec Spine, Inc.. (Attachments: #1 Declaration of Brian J. Nisbet, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15)(Wickramasekera, Nimalka) (anh).
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Filing 346
Ex Parte MOTION for Leave to Appear Telephonically for November 12, 2021 Pre-Trial and Motions in Limine Hearing by Alphatec Holdings, Inc., Alphatec Spine, Inc.. (Wickramasekera, Nimalka) (anh).
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Filing 345
NOTICE OF DEFENDANTS' AMENDED FINAL DISCLOSURE OF INVALIDITY REFERENCES/COMBINATIONS TO BE ASSERTED AT TRIAL by Alphatec Holdings, Inc., Alphatec Spine, Inc. re #338 Notice (Other) (Wickramasekera, Nimalka) (anh).
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Filing 344
ORDER Granting Alphatec Holdings, Inc. and Alphatec Spine Inc.'s Request for Approval to Use Electronic Equipment and to Bring Surgical Tools Into Courtroom. Signed by Judge Cathy Ann Bencivengo on 11/3/2021.(anh)
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Filing 343
ORDER Granting Nuvasive, Inc.'s Request for Approval to Use Electronic Equipment in the Courtroom. Signed by Judge Cathy Ann Bencivengo on 11/2/2021.(anh)
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Filing 342
In Limine MOTION to Preclude Combined Motions in Limine Nos. 1-8 by Nuvasive, Inc.. (Attachments: #1 Declaration of Trent Tanner ISO NuVasive's Combined Motions in Limine, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22)(Devine, Wendy) (anh).
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Filing 341
In Limine MOTION to Exclude and Preclude Opinions and Testimony by Alphatec Holdings, Inc., Alphatec Spine, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Brian Nisbet, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 22, #25 Exhibit 23, #26 Exhibit 24, #27 Exhibit 25, #28 Exhibit 26, #29 Exhibit 27, #30 Exhibit 28, #31 Exhibit 29, #32 Exhibit 30, #33 Exhibit 31, #34 Exhibit 32)(Wickramasekera, Nimalka) (anh).
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Filing 340
Minute Entry for proceedings held before Judge Cathy Ann Bencivengo: Telephonic Status Conference held on 10/13/2021. Plaintiff's request for further discovery/damages is denied.(Court Reporter/ECR Mauralee Ramirez). (Plaintiff Attorney Erik Carlson and Natalie Morgan). (Defendant Attorney Nimalka Wickramasekera and Brian Nisbet). (no document attached) (lmh)
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Filing 339
NOTICE of Hearing: A telephonic Status Conference is set for 10/13/2021 02:30 PM before Judge Cathy Ann Bencivengo. Counsel is instructed to dial into the AT&T teleconference line (888) 398-2342, access code 1749358.(no document attached) (lmh)
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Filing 338
NOTICE OF DEFENDANTS' FINAL DISCLOSURE OF INVALIDITY REFERENCES/COMBINATIONS TO BE ASSERTED AT TRIAL by Alphatec Holdings, Inc., Alphatec Spine, Inc. (Wickramasekera, Nimalka) (dxf).
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Filing 337
NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Telephonic Status Conference) held on 9/7/2021 before Judge Cathy Ann Bencivengo. Court Reporter/Transcriber: Mauralee Ramirez. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 10/21/2021. Redacted Transcript Deadline set for 11/1/2021. Release of Transcript Restriction set for 12/29/2021. (akr)
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Filing 336
NOTICE of Final Disclosure of Patent Claims To Be Asserted at Trial by Nuvasive, Inc. re #335 Scheduling Order, Set Motion and R&R Deadlines/Hearings (Devine, Wendy) (anh).
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Filing 335
ORDER Setting Pretrial and Trial Date. Signed by Judge Cathy Ann Bencivengo on 9/7/21.(All non-registered users served via U.S. Mail Service)(sxa)
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Filing 334
Minute Entry for proceedings held before Judge Cathy Ann Bencivengo: Telephonic Status Conference re Pretrial Schedule held on 9/7/2021. Scheduling Order to follow.(Court Reporter/ECR Mauralee Ramirez). (Plaintiff Attorney Wendy Devine). (Defendant Attorney Nimalka Wickramasekera). (no document attached) (lmh)
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Filing 333
ORDER on Motions for Summary Judgment [Doc. Nos. #303 , #304 ]. Signed by Judge Cathy Ann Bencivengo on 8/31/2021. (anh)
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Filing 332
NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Motions for Summary Judgment and Daubert) held on 6/29/2021 before Judge Cathy Ann Bencivengo. Court Reporter/Transcriber: Mauralee Ramirez. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 9/1/2021. Redacted Transcript Deadline set for 9/13/2021. Release of Transcript Restriction set for 11/9/2021. (akr)
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Filing 331
Minute Order for proceedings held before Judge Cathy Ann Bencivengo:Motion Hearing held on 6/29/2021 re #302 MOTION to Exclude Untimely, Unsupported, and Improper Expert Opinions filed by Nuvasive, Inc., #303 MOTION for Partial Summary Judgment (Implant Patents) filed by Nuvasive, Inc., #304 MOTION for Summary Judgment filed by Alphatec Holdings, Inc., Alphatec Spine, Inc. The Court takes the motions under submission and written order to follow. (Court Reporter/ECR Mauralee Ramirez). (Plaintiff Attorney Wendy Devine and Erik Carlson).(Defendant Attorney Nimalka Wickramasekera, Brian Nisbet, Sarana Raghavan and Billy Wardlaw). (no document attached) (lmh)
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Filing 330
Minute Order: To assist the parties with their preparation for the June 29, 2021 hearing, the Courts tentative order is attached. (Attachments: #1 Tentative Order)(anh)
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Filing 329
ORDER Granting Alphatec Spine Inc.'s Request for Approval to Use Electronic Equipment and to Bring Surgical Tools Into Courtroom.. Signed by Judge Cathy Ann Bencivengo on 6/23/2021.(anh)
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Filing 328
ORDER Granting Nuvasive. Inc.'s Request for Approval to Use Electronic Equipment and to Bring Surgical Tools Into Courtroom. Signed by Judge Cathy Ann Bencivengo on 6/23/2021.(anh)
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Filing 327
MINUTE ORDER: It is hereby ORDERED that a hearing on the pending motions [Doc. Nos. [302-04] will be held on June 29, 2021, at 9:30 a.m. in Courtroom 15A. It is SO ORDERED. Signed by Judge Cathy Ann Bencivengo on 6/14/2021.(anh)
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Filing 326
ORDER Setting Trial Dates. Signed by Judge Cathy Ann Bencivengo on 5/17/2021.(anh)
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Filing 325
NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Status Conference) held on 4/8/2021 before Judge Cathy Ann Bencivengo. Court Reporter/Transcriber: Mauralee Ramirez. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 5/28/2021. Redacted Transcript Deadline set for 6/7/2021. Release of Transcript Restriction set for 8/5/2021. (akr)
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Filing 324
RESPONSE TO SUPPLEMENTAL BRIEFING by Nuvasive, Inc. re #322 Supplemental Briefing and Response to Defendants' Objection to NuVasive's Bench Memorandum re Priority Date Raising New Summary Judgment Arguments [Doc. No. 323]. (Devine, Wendy) (anh).
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Filing 323
OBJECTION by Alphatec Holdings, Inc., Alphatec Spine, Inc. re #321 Supplemental Briefing re Nuvasive's Bench Memorandum re Priority Date Raising New Summary Judgment Arguments (Wickramasekera, Nimalka) (anh).
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Filing 322
SUPPLEMENTAL BRIEFING by Defendants Alphatec Holdings, Inc., Alphatec Spine, Inc. re 319 Status Conference,,, Terminate Hearings,, Defendants' Memorandum on Priority Date Determination. (Wickramasekera, Nimalka) (jpp).
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Filing 321
SUPPLEMENTAL BRIEFING by Plaintiff Nuvasive, Inc. re 319 Status Conference,,, Terminate Hearings,, Bench Memorandum Regarding Priority Date. (Devine, Wendy) (jpp).
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Filing 320
ORDER Denying Motion to Strike Invalidity [Doc. No. #296 ]. Signed by Judge Cathy Ann Bencivengo on 4/13/2021. (anh)
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Filing 318
NOTICE of Withdrawal of Counsel J. Bub Windle by Nuvasive, Inc.(a Delaware corporation) (Windle, James) (anh).
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Filing 317
ORDER Approving the Pro Hac Vice Application of Morris Fodeman, re #316 Request to Appear Pro Hac Vice. Signed by Judge Cathy Ann Bencivengo on 4/9/2021.(rmc)
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Filing 319
Minute Entry for proceedings held before Judge Cathy Ann Bencivengo: Telephonic Status Conference held on 4/8/2021. The Court vacates the current hearing and briefing schedule set. Counsel to notify the Court of trial date availability. Court to issue a written order on #296 Motion to Strike Alphatec's Invalidity Contentions.(Court Reporter/ECR Mauralee Ramirez). (Plaintiff Attorney Natalie Morgan). (Defendant Attorney Nimalka Wickramasekera and Brian Nisbet). (no document attached) (lmh)
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Filing 316
Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-15601264.) (Application to be reviewed by Clerk.) (Fodeman, Morris) (rmc).
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Filing 315
MINUTE ORDER: It is hereby ORDERED that a telephonic status conference will be held on April 8, 2021, at 2:00 p.m. The dial-in number is (888) 398-2342, and the access code is 1749358. It is SO ORDERED.(anh)
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Filing 314
NOTICE Of Request For Status Conference by Nuvasive, Inc. (Devine, Wendy) (anh).
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Filing 313
NOTICE OF WITHDRAWAL OF LEAD COUNSEL PAUL D. TRIPODI II, AND DESIGNATION OF WENDY L. DEVINE AS LEAD COUNSEL by Nuvasive, Inc. (Tripodi, Paul) (anh).
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Filing 312
RESPONSE re #311 Reply to Response to Motion,,,,, Defendants' Consolidated Response to Nuvasive's Objections to Defendants' Declarations in support of Opposition to Motion for Summary Judgment filed by Alphatec Holdings, Inc., Alphatec Spine, Inc.. (Wickramasekera, Nimalka) (anh).
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Filing 311
REPLY to Response to Motion re #303 MOTION for Partial Summary Judgment (Implant Patents) & Motion to Exclude Expert Opinions filed by Nuvasive, Inc.(a Delaware corporation). (Attachments: #1 Declaration Of Christiana Garrett in support of Reply to, #2 Exhibit 26 to Christiana Garrett Declaration in support of Reply, #3 Exhibit 27 to Christiana Garrett Declaration in support of Reply, #4 Exhibit 28 to Christiana Garrett Declaration in support of Reply, #5 Exhibit 29 to Christiana Garrett Declaration in support of Reply, #6 Exhibit 30 to Christiana Garrett Declaration in support of Reply, #7 Exhibit 31 to Christiana Garrett Declaration in support of Reply, #8 Exhibit 32 to Christiana Garrett Declaration in support of Reply, #9 Exhibit 33 to Christiana Garrett Declaration in support of Reply, #10 Exhibit 34 to Christiana Garrett Declaration in support of Reply, #11 Exhibit 35 to Christiana Garrett Declaration in support of Reply, #12 Exhibit 36 to Christiana Garrett Declaration in support of Reply, #13 Appendix A, #14 Appendix B, #15 Objections to Kelli Howell Declaration, #16 Objections to Matt Curran Declaration, #17 Objections to Scott Robinson Declaration, #18 Objections to Mike Aleali Declaration)(Tripodi, Paul) (anh).
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Filing 310
REPLY to Response to Motion re #304 MOTION for Summary Judgment filed by Alphatec Holdings, Inc., Alphatec Spine, Inc.. (Wickramasekera, Nimalka) (anh).
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Filing 309
ORDER Granting Joint Stipulation for Extension of Time to File Reply Briefs [Doc. No. #308 ]. Signed by Judge Cathy Ann Bencivengo on 2/17/2021. (anh)
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Filing 308
Joint MOTION for Extension of Time to File Response/Reply as to #302 MOTION to Exclude Untimely, Unsupported, and Improper Expert Opinions, #303 MOTION for Partial Summary Judgment (Implant Patents), #304 MOTION for Summary Judgment Joint Stipulation for Extension of Time by Nuvasive, Inc.(a Delaware corporation). (Tripodi, Paul) (anh).
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Filing 307
DECLARATION re #306 Response in Opposition to Motion,,, Declaration of Brian Nisbet in Support of Opposition to Motion for Partial Summary Judgment and Motion to Exclude by Defendants Alphatec Holdings, Inc., Alphatec Spine, Inc.. (Attachments: #1 Nisbet Exhibit 1, #2 Nisbet Exhibit 2, #3 Nisbet Exhibit 3 (part 1), #4 Nisbet Exhibit 3 (part 2), #5 Nisbet Exhibit 4, #6 Nisbet Exhibit 5, #7 Nisbet Exhibit 6, #8 Nisbet Exhibit 7, #9 Nisbet Exhibit 8, #10 Nisbet Exhibit 9, #11 Nisbet Exhibit 10, #12 Nisbet Exhibit 11, #13 Nisbet Exhibit 12, #14 Nisbet Exhibit 13, #15 Nisbet Exhibit 14, #16 Nisbet Exhibit 15, #17 Nisbet Exhibit 16, #18 Nisbet Exhibit 17, #19 Nisbet Exhibit 18, #20 Nisbet Exhibit 19, #21 Nisbet Exhibit 20, #22 Nisbet Exhibit 21, #23 Nisbet Exhibit 22, #24 Nisbet Exhibit 23, #25 Nisbet Exhibit 24, #26 Nisbet Exhibit 25, #27 Nisbet Exhibit 26, #28 Nisbet Exhibit 27, #29 Nisbet Exhibit 28, #30 Nisbet Exhibit 29, #31 Nisbet Exhibit 30, #32 Nisbet Exhibit 31, #33 Nisbet Exhibit 32, #34 Nisbet Exhibit 33, #35 Nisbet Exhibit 34)(Wickramasekera, Nimalka) (anh).
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Filing 306
RESPONSE in Opposition re #302 MOTION to Exclude Untimely, Unsupported, and Improper Expert Opinions, #303 MOTION for Partial Summary Judgment (Implant Patents) filed by Alphatec Holdings, Inc., Alphatec Spine, Inc.. (Attachments: #1 Declaration of Kelli Howell, #2 Howell Exhibit A, #3 Howell Exhibit B, #4 Howell Exhibit C, #5 Howell Exhibit D, #6 Howell Exhibit E, #7 Howell Exhibit F, #8 Declaration of Matt Curran, #9 Curran Exhibit A, #10 Curran Exhibit B, #11 Curran Exhibit C, #12 Curran Exhibit D, #13 Curran Exhibit E, #14 Curran Exhibit F, #15 Curran Exhibit G, #16 Declaration of Mike Aleali, #17 Declaration of Scott Robinson, #18 Robinson Exhibit A, #19 Robinson Exhibit B, #20 Declaration of Barton L. Sachs, MD, #21 Sachs Exhibit A)(Wickramasekera, Nimalka) (anh).
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Filing 305
RESPONSE in Opposition re #304 MOTION for Summary Judgment filed by Nuvasive, Inc.(a Delaware corporation). (Attachments: #1 Declaration of Garrett, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Declaration of Youssef)(Tripodi, Paul) (anh).
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Filing 304
MOTION for Summary Judgment by Alphatec Holdings, Inc., Alphatec Spine, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Brian Nisbet in Support of Defendants' MSJ, #3 Exhibit 1, #4 Exhibit 2 (Part 1), #5 Exhibit 2 (Part 2), #6 Exhibit 2 (Part 3), #7 Exhibit 2 (Part 4), #8 Exhibit 2 (Part 5), #9 Exhibit 3 (Part 1), #10 Exhibit 3 (Part 2), #11 Exhibit 3 (Part 3), #12 Exhibit 3 (Part 4), #13 Exhibit 3 (Part 5), #14 Exhibit 4, #15 Exhibit 5, #16 Exhibit 6, #17 Exhibit 7, #18 Exhibit 8, #19 Exhibit 9, #20 Exhibit 10, #21 Exhibit 11, #22 Exhibit 12, #23 Exhibit 13, #24 Exhibit 14, #25 Exhibit 15, #26 Exhibit 16, #27 Exhibit 17, #28 Exhibit 18, #29 Exhibit 19, #30 Exhibit 20, #31 Exhibit 21, #32 Exhibit 22, #33 Exhibit 23)(Wickramasekera, Nimalka) (jmr).
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Filing 303
MOTION for Partial Summary Judgment (Implant Patents) by Nuvasive, Inc.(a Delaware corporation). (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Garrett, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 22, #25 Exhibit 23, #26 Exhibit 24, #27 Exhibit 25, #28 Appendix A, #29 Appendix B, #30 Appendix C, #31 Declaration of Youssef)(Tripodi, Paul) (jmr).
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Filing 302
MOTION to Exclude Untimely, Unsupported, and Improper Expert Opinions by Nuvasive, Inc.(a Delaware corporation). (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Garrett, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9)(Tripodi, Paul) (jmr).
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Filing 301
REPLY to Response to Motion re #296 MOTION to Strike Alphatec's Invalidity Contentions filed by Nuvasive, Inc.(a Delaware corporation). (Attachments: #1 Declaration John English in Support of Reply, #2 Declaration of Trent Tanner in Support of Reply, #3 Exhibit J in Support of Trent Tanner Declaration in Support of Reply, #4 Exhibit K in Support of Trent Tanner Declaration in Support of Reply, #5 Exhibit L in Support of Trent Tanner Declaration in Support of Reply)(Tripodi, Paul) (anh).
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Filing 300
RESPONSE in Opposition re #296 MOTION to Strike Alphatec's Invalidity Contentions filed by Alphatec Holdings, Inc., Alphatec Spine, Inc.. (Attachments: #1 Declaration of Brian Nisbet, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23)(Wickramasekera, Nimalka) (anh).
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Filing 299
NOTICE of Appearance by William M. Wardlaw on behalf of Alphatec Holdings, Inc.(a Delaware corporation), Alphatec Spine, Inc. (Wardlaw, William)Attorney William M. Wardlaw added to party Alphatec Holdings, Inc.(pty:cc), Attorney William M. Wardlaw added to party Alphatec Holdings, Inc.(pty:dft), Attorney William M. Wardlaw added to party Alphatec Holdings, Inc.(pty:cc), Attorney William M. Wardlaw added to party Alphatec Spine, Inc.(pty:dft), Attorney William M. Wardlaw added to party Alphatec Spine, Inc.(pty:cc), Attorney William M. Wardlaw added to party Alphatec Spine, Inc.(pty:cc) (anh).
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Filing 298
ORDER Granting Joint Motion to Continue Hearing on Nuvasive's Motion to Strike [Doc. No. #297 ]. Signed by Judge Cathy Ann Bencivengo on 12/1/2020. (anh)
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Filing 297
Joint MOTION to Continue Hearing on Nuvasive's Motion to Strike Invalidity Contentions #296 by Alphatec Holdings, Inc., Alphatec Spine, Inc.. (Nisbet, Brian) (anh).
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Filing 296
MOTION to Strike Alphatec's Invalidity Contentions by Nuvasive, Inc.(a Delaware corporation). (Attachments: #1 Memo of Points and Authorities, #2 Declaration of C. Dashe, #3 Exhibit A to Dashe Declaration, #4 Exhibit B to Dashe Declaration, #5 Exhibit C to Dashe Declaration, #6 Exhibit D to Dashe Declaration, #7 Exhibit E to Dashe Declaration, #8 Exhibit F to Dashe Declaration, #9 Exhibit G to Dashe Declaration, #10 Exhibit H to Dashe Declaration, #11 Exhibit I to Dashe Declaration)(Tripodi, Paul) (anh).
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Filing 295
NOTICE of Appearance by Rhyea Malik on behalf of Nuvasive, Inc. (Malik, Rhyea)Attorney Rhyea Malik added to party Nuvasive, Inc.(pty:pla) (anh).
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Filing 294
NOTICE of Appearance by Christiana Garrett on behalf of Nuvasive, Inc.(a Delaware corporation) (Garrett, Christiana)Attorney Christiana Garrett added to party Nuvasive, Inc.(pty:cd), Attorney Christiana Garrett added to party Nuvasive, Inc.(pty:pla), Attorney Christiana Garrett added to party Nuvasive, Inc.(pty:cd) (anh).
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Filing 293
SCHEDULING ORDER. Signed by Judge Cathy Ann Bencivengo on 8/25/2020.(anh)
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Filing 292
JOINT DISCOVERY PLAN by Nuvasive, Inc.(a Delaware corporation) (Attachments: #1 Appendix A, #2 Appendix B)(Tripodi, Paul) (anh).
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Filing 291
Minute Entry for proceedings held before Judge Cathy Ann Bencivengo: A telephonic (in chambers) Status Conference re stays was held on 7/30/2020. Minute order detailing the conference call has been entered.(no document attached) (lmh)
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Filing 290
Minute Order: The Court held a telephonic status conference on July 30, 2020. As stated during the conference, the stay related to the 156 and 334 patents is lifted, and the parties shall file a joint discovery plan by August 21, 2020. It is SO ORDERED.(anh)
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Filing 289
Minute Order: The telephonic status conference previously scheduled for July 23, 2020 at 10:00 a.m. is hereby CONTINUED to July 30, 2020 at 10:00 a.m. The dial-in number is (888) 398-2342, and the access code is 1749358. It is SO ORDERED.(anh)
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Filing 288
NOTICE Regarding IPR Final Written Decisions for U.S. Patent Nos. 8,187,334 and 8,361,156 by Nuvasive, Inc.(a Delaware corporation) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Tripodi, Paul) (anh).
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Filing 287
Minute Entry for proceedings held before Judge Cathy Ann Bencivengo: A telephonic Status Conference was held on 5/12/2020. The matter was in chambers and off-record. A previous minute order was issued setting a future hearing.(Plaintiff Attorney Michael Hilgers). (Nimalka Wickramasekera).(no document attached) (lmh)
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Filing 286
Minute Order: As stated on the conference call today, it is hereby ORDERED that a telephonic status conference will be held on July 23, 2020 at 10:00 a.m. The dial-in number is (888) 398-2342, and the access code is 1749358. It is SO ORDERED.(anh)
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Filing 285
MINUTE ORDER: It is hereby ORDERED that a telephonic status conference will be held on May 12, 2020 at 10:00 a.m. The dial-in number is (888) 398-2342, and the access code is 1749358. The parties should be prepared to discuss a trial schedule as well as possible alternatives to a jury trial. It is SO ORDERED. Status Conference set for 5/12/2020 10:00 AM before Judge Cathy Ann Bencivengo.(anh)
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Filing 284
ORDER Re Alphatec's Motion to Exclude Experts [Doc. No. #251 ]. Signed by Judge Cathy Ann Bencivengo on 4/30/2020. (anh)
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Filing 283
NOTICE Regarding Status of Documents Database by Nuvasive, Inc. (Hilgers, Michael) (anh).
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Filing 282
ORDER Re Alphatec's Motion for Summary Judgment [Doc. No. #252 , #256 ]. Signed by Judge Cathy Ann Bencivengo on 4/24/2020. (anh)
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Filing 281
ORDER Re Nuvasive's Motion for Partial Summary Judgment [Doc. No. #250 ]. Signed by Judge Cathy Ann Bencivengo on 4/10/2020. (anh)
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Filing 280
ORDER Approving the Pro Hac Vice Application of George C. Lombardi (Re: ECF No. #279 Request to Appear Pro Hac Vice). Signed by Judge Cathy Ann Bencivengo on 3/25/2020.(jrd)
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Filing 279
Request to Appear Pro Hac Vice, No payment Submitted. (Application to be reviewed by Clerk.) (Lombardi, George) (rmc).
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Filing 278
Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number ACASDC-13664207.) (Application to be reviewed by Clerk.) (Lombardi, George) QC mail sent on 3/24/2020 re missing signature, party represented; instructed to re-file but not re-pay (rmc).
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Filing 277
ORDER Granting #254 Defendants' Motion for Fees and Costs. It is hereby ORDERED that Alphatec's motion for fees and costs is GRANTED. NuVasive is ORDERED to pay Alphatec $231,758.14 for the fees and costs Alphatec incurred responding to NuVasive's frivolous ex parte motion for a protective order and in connection with the instant fee motion. Signed by Judge Cathy Ann Bencivengo on 3/20/2020. (aef)
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Filing 276
Minute Order for proceedings held before Judge Cathy Ann Bencivengo: Motion Hearing held on 3/13/2020. Court takes under submission #250 MOTION for Summary Judgment/Partial Summary Judgment MOTION for Partial Summary Judgment filed by Nuvasive, Inc.; #251 MOTION to Exclude the Expert Testimony of Jim Youssef, Blake Inglish, and Stephen K. Kunin filed by Alphatec Holdings, Inc., Alphatec Spine, Inc. ; #252 MOTION for Summary Judgment or, in the Alternative, Summary Adjudication filed by Alphatec Holdings, Inc., Alphatec Spine, Inc. All previously pending hearings and jury trial have been vacated. Order to follow. (Court Reporter/ECR Amanda LeGore). (Plaintiff Attorney Paul Tripodi, Wendy Devine, Eric Carlson and Michael Hilgers (this atty appearing via CourtCall)).(Defendant Attorney Nimalka Wickramasekera, Corinne Hockman, Brian Nisbet and Saranya Raghavan). (no document attached) (lmh)
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Filing 275
MINUTE ORDER: As the Court discussed at the hearing this afternoon, all pretrial case management dates, including the final pretrial conference and trial, are VACATED. The pending motions are all taken under submission, and the Court will issue a written order in due course. The Court will then schedule a case management conference to re-set all vacated dates. It is SO ORDERED.(anh)
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Filing 274
NOTICE of Third-Party Cyber Attack on NuVasive's Document Database by Nuvasive, Inc. (Attachments: #1 Exhibit 1 ISO Notice of Third-Party Cyber Attack)(Hilgers, Michael) (anh).
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Filing 273
ORDER Granting Alphatec Holdings, Inc. and Alphatec Spine, Inc.'s Request for Approval to Use Electronic Equipment and to Bring Surgical Tools into the Courtroom. Signed by Judge Cathy Ann Bencivengo on 3/11/2020.(anh)
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Filing 272
ORDER Granting Nuvasive, Inc.'s Request for Approval to Use Electronic Equipment and to Bring Surgical Tools into the Courtroom. Signed by Judge Cathy Ann Bencivengo on 3/11/2020.(anh)
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Filing 271
ORDER granting Ex Parte Application to Appear Telephonically at March 13. 2020 Hearing [Doc. No. #270 ]. Signed by Judge Cathy Ann Bencivengo on 3/10/2020. (anh)
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Filing 270
Ex Parte MOTION for Leave to Appear Telephonically by Nuvasive, Inc.(a Delaware corporation). (Attachments: #1 Declaration of Michael Hilgers ISO Nuvasive, Inc.'s Ex Parte Application For Telephonic Appearance)(Hilgers, Michael) (anh).
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Filing 269
NOTICE of Change of Address by Corinne Stone Hockman (Hockman, Corinne) (anh).
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Filing 268
Minute ORDER. The Court will hold oral argument on March 13, 2020 at 2:00 p.m. on the pending motions for summary judgment.(sjt)
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Filing 267
REPLY to Response to Motion re #254 MOTION for Attorney Fees and Costs filed by Alphatec Holdings, Inc., Alphatec Spine, Inc.. (Attachments: #1 Declaration of Brian J. Nisbet, #2 Exhibit 3)(Wickramasekera, Nimalka) (anh).
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Filing 266
RESPONSE in Opposition re #254 MOTION for Attorney Fees and Costs filed by Nuvasive, Inc.(a Delaware corporation). (Attachments: #1 Declaration Michael Hilgers, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4)(Hilgers, Michael) (anh).
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Filing 265
NOTICE of Reexamination Activity Concerning the '057 Patent by Nuvasive, Inc. (Attachments: #1 Exhibit Attachment-PTAB Decision '057 patent)(Devine, Wendy) (anh).
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Filing 264
REPLY to Response to Motion re #252 MOTION for Summary Judgment or, in the Alternative, Summary Adjudication filed by Alphatec Holdings, Inc., Alphatec Spine, Inc.. (Attachments: #1 Declaration of Brian J. Nisbet, #2 Exhibit 38, #3 Exhibit 39, #4 Exhibit 40, #5 Exhibit 41, #6 Exhibit 42, #7 Exhibit 43, #8 Exhibit 44, #9 Exhibit 45, #10 Exhibit 46, #11 Exhibit 47, #12 Exhibit 48, #13 Exhibit 49)(Wickramasekera, Nimalka)(sxa).
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Filing 263
REPLY to Response to Motion re #251 MOTION to Exclude the Expert Testimony of Jim Youssef, Blake Inglish, and Stephen K. Kunin filed by Alphatec Holdings, Inc., Alphatec Spine, Inc.. (Attachments: #1 Declaration of Brian J. Nisbet, #2 Exhibit 23, #3 Exhibit 24, #4 Exhibit 25)(Wickramasekera, Nimalka)(sxa).
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Filing 262
REPLY to Response to Motion re #250 MOTION for Summary Judgment Partial Summary Judgment MOTION for Partial Summary Judgment filed by Nuvasive, Inc.. (Attachments: #1 Declaration of Wendy Devine ISO Reply ISO Motion for Partial Summary Judgment, #2 Exhibit 126 ISO Wendy Devine's Decl. ISO Reply to Mtn for Partial Summary Judgment, #3 Exhibit 127 ISO Wendy Devine's Decl. ISO Reply to Mtn for Partial Summary Judgment, #4 Exhibit 128 ISO Wendy Devine's Decl. ISO Reply to Mtn for Partial Summary Judgment, #5 Exhibit 129 ISO Wendy Devine's Decl. ISO Reply to Mtn for Partial Summary Judgment, #6 Exhibit 130 ISO Wendy Devine's Decl. ISO Reply to Mtn for Partial Summary Judgment, #7 Exhibit 131 ISO Wendy Devine's Decl. ISO Reply to Mtn for Partial Summary Judgment, #8 Exhibit 132 ISO Wendy Devine's Decl. ISO Reply to Mtn for Partial Summary Judgment, #9 Exhibit 133 ISO Wendy Devine's Decl. ISO Reply to Mtn for Partial Summary Judgment, #10 Exhibit 134 ISO Wendy Devine's Decl. ISO Reply to Mtn for Partial Summary Judgment, #11 Exhibit 135 ISO Wendy Devine's Decl. ISO Reply to Mtn for Partial Summary Judgment, #12 Exhibit 136 ISO Wendy Devine's Decl. ISO Reply to Mtn for Partial Summary Judgment, #13 Exhibit 137 ISO Wendy Devine's Decl. ISO Reply to Mtn for Partial Summary Judgment, #14 Exhibit 138 ISO Wendy Devine's Decl. ISO Reply to Mtn for Partial Summary Judgment)(Devine, Wendy)(sxa).
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Filing 261
RESPONSE in Opposition re #252 MOTION for Summary Judgment or, in the Alternative, Summary Adjudication filed by Nuvasive, Inc.. (Attachments: #1 Declaration of Wendy Devine ISO Oppos to Defs Summary Judgment or Summary Adjudication, #2 Exhibit 55 ISO Wendy Devine Decl ISO Oppos to Defs Summary Judgment or Summary Adjudication, #3 Exhibit 55A ISO Wendy Devine Decl ISO Oppos to Defs Summary Judgment or Summary Adjudication, #4 Exhibit 56 ISO Wendy Devine Decl ISO Oppos to Defs Summary Judgment or Summary Adjudication, #5 Exhibit 57 ISO Wendy Devine Decl ISO Oppos to Defs Summary Judgment or Summary Adjudication, #6 Exhibit 58 ISO Wendy Devine Decl ISO Oppos to Defs Summary Judgment or Summary Adjudication, #7 Exhibit 59 ISO Wendy Devine Decl ISO Oppos to Defs Summary Judgment or Summary Adjudication, #8 Exhibit 60 ISO Wendy Devine Decl ISO Oppos to Defs Summary Judgment or Summary Adjudication, #9 Exhibit 61 ISO Wendy Devine Decl ISO Oppos to Defs Summary Judgment or Summary Adjudication, #10 Exhibit 62 ISO Wendy Devine Decl ISO Oppos to Defs Summary Judgment or Summary Adjudication, #11 Exhibit 63 ISO Wendy Devine Decl ISO Oppos to Defs Summary Judgment or Summary Adjudication, #12 Exhibit 64 ISO Wendy Devine Decl ISO Oppos to Defs Summary Judgment or Summary Adjudication, #13 Exhibit 65 ISO Wendy Devine Decl ISO Oppos to Defs Summary Judgment or Summary Adjudication, #14 Exhibit 66 ISO Wendy Devine Decl ISO Oppos to Defs Summary Judgment or Summary Adjudication, #15 Exhibit 67 ISO Wendy Devine Decl ISO Oppos to Defs Summary Judgment or Summary Adjudication, #16 Exhibit 68 ISO Wendy Devine Decl ISO Oppos to Defs Summary Judgment or Summary Adjudication, #17 Exhibit 69 ISO Wendy Devine Decl ISO Oppos to Defs Summary Judgment or Summary Adjudication, #18 Exhibit 70 ISO Wendy Devine Decl ISO Oppos to Defs Summary Judgment or Summary Adjudication, #19 Exhibit 71 ISO Wendy Devine Decl ISO Oppos to Defs Summary Judgment or Summary Adjudication, #20 Exhibit 72 ISO Wendy Devine Decl ISO Oppos to Defs Summary Judgment or Summary Adjudication, #21 Exhibit 73 ISO Wendy Devine Decl ISO Oppos to Defs Summary Judgment or Summary Adjudication, #22 Exhibit 74 ISO Wendy Devine Decl ISO Oppos to Defs Summary Judgment or Summary Adjudication, #23 Exhibit 75 ISO Wendy Devine Decl ISO Oppos to Defs Summary Judgment or Summary Adjudication, #24 Exhibit 76 ISO Wendy Devine Decl ISO Oppos to Defs Summary Judgment or Summary Adjudication, #25 Exhibit 77 ISO Wendy Devine Decl ISO Oppos to Defs Summary Judgment or Summary Adjudication, #26 Exhibit 78 ISO Wendy Devine Decl ISO Oppos to Defs Summary Judgment or Summary Adjudication, #27 Exhibit 79 ISO Wendy Devine Decl ISO Oppos to Defs Summary Judgment or Summary Adjudication, #28 Exhibit 80 Part I ISO Wendy Devine Decl ISO Oppos to Defs Summary Judgment or Summary Adjudication, #29 Exhibit 80 Part II ISO Wendy Devine Decl ISO Oppos to Defs Summary Judgment or Summary Adjudication, #30 Exhibit 81 ISO Wendy Devine Decl ISO Oppos to Defs Summary Judgment or Summary Adjudication, #31 Exhibit 82 ISO Wendy Devine Decl ISO Oppos to Defs Summary Judgment or Summary Adjudication, #32 Exhibit 83 ISO Wendy Devine Decl ISO Oppos to Defs Summary Judgment or Summary Adjudication, #33 Exhibit 84 ISO Wendy Devine Decl ISO Oppos to Defs Summary Judgment or Summary Adjudication, #34 Exhibit 85 ISO Wendy Devine Decl ISO Oppos to Defs Summary Judgment or Summary Adjudication, #35 Exhibit 86 ISO Wendy Devine Decl ISO Oppos to Defs Summary Judgment or Summary Adjudication, #36 Exhibit 87 ISO Wendy Devine Decl ISO Oppos to Defs Summary Judgment or Summary Adjudication, #37 Exhibit 88 ISO Wendy Devine Decl ISO Oppos to Defs Summary Judgment or Summary Adjudication, #38 Exhibit 89 ISO Wendy Devine Decl ISO Oppos to Defs Summary Judgment or Summary Adjudication, #39 Exhibit 90 ISO Wendy Devine Decl ISO Oppos to Defs Summary Judgment or Summary Adjudication, #40 Exhibit 91 ISO Wendy Devine Decl ISO Oppos to Defs Summary Judgment or Summary Adjudication, #41 Exhibit 92 ISO Wendy Devine Decl ISO Oppos to Defs Summary Judgment or Summary Adjudication, #42 Exhibit 93 ISO Wendy Devine Decl ISO Oppos to Defs Summary Judgment or Summary Adjudication, #43 Exhibit 94 ISO Wendy Devine Decl ISO Oppos to Defs Summary Judgment or Summary Adjudication, #44 Exhibit 95 ISO Wendy Devine Decl ISO Oppos to Defs Summary Judgment or Summary Adjudication, #45 Exhibit 96 ISO Wendy Devine Decl ISO Oppos to Defs Summary Judgment or Summary Adjudication, #46 Exhibit 97 ISO Wendy Devine Decl ISO Oppos to Defs Summary Judgment or Summary Adjudication, #47 Exhibit 98 ISO Wendy Devine Decl ISO Oppos to Defs Summary Judgment or Summary Adjudication, #48 Exhibit 99 ISO Wendy Devine Decl ISO Oppos to Defs Summary Judgment or Summary Adjudication, #49 Exhibit 100 ISO Wendy Devine Decl ISO Oppos to Defs Summary Judgment or Summary Adjudication, #50 Exhibit 101 ISO Wendy Devine Decl ISO Oppos to Defs Summary Judgment or Summary Adjudication, #51 Exhibit 102 ISO Wendy Devine Decl ISO Oppos to Defs Summary Judgment or Summary Adjudication, #52 Exhibit 103 ISO Wendy Devine Decl ISO Oppos to Defs Summary Judgment or Summary Adjudication, #53 Exhibit 104 ISO Wendy Devine Decl ISO Oppos to Defs Summary Judgment or Summary Adjudication, #54 Exhibit 105 ISO Wendy Devine Decl ISO Oppos to Defs Summary Judgment or Summary Adjudication, #55 Exhibit 106 ISO Wendy Devine Decl ISO Oppos to Defs Summary Judgment or Summary Adjudication, #56 Exhibit 107 ISO Wendy Devine Decl ISO Oppos to Defs Summary Judgment or Summary Adjudication, #57 Exhibit 108 ISO Wendy Devine Decl ISO Oppos to Defs Summary Judgment or Summary Adjudication, #58 Exhibit 109 Part I ISO Wendy Devine Decl ISO Oppos to Defs Summary Judgment or Summary Adjudication, #59 Exhibit 109 Part II ISO Wendy Devine Decl ISO Oppos to Defs Summary Judgment or Summary Adjudication, #60 Declaration of Jim Youssef ISO NuVasive's Oppos to Defs' Summ Judgment or Summary Adjudication)(Devine, Wendy) (anh).
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Filing 260
RESPONSE in Opposition re #250 MOTION for Summary Judgment Partial Summary Judgment MOTION for Partial Summary Judgment filed by Alphatec Holdings, Inc., Alphatec Spine, Inc.. (Attachments: #1 Declaration of Brian J. Nisbet, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12)(Wickramasekera, Nimalka) (anh).
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Filing 259
RESPONSE in Opposition re #251 MOTION to Exclude the Expert Testimony of Jim Youssef, Blake Inglish, and Stephen K. Kunin filed by Nuvasive, Inc.. (Attachments: #1 Declaration of Wendy Devine ISO Oppos to Daubert Mtn, #2 Exhibit 110 of Wendy Devine ISO Oppos to Daubert Mtn, #3 Exhibit 111 of Wendy Devine ISO Oppos to Daubert Mtn, #4 Exhibit 112 of Wendy Devine ISO Oppos to Daubert Mtn, #5 Exhibit 113 of Wendy Devine ISO Oppos to Daubert Mtn, #6 Exhibit 114 of Wendy Devine ISO Oppos to Daubert Mtn, #7 Exhibit 115 of Wendy Devine ISO Oppos to Daubert Mtn, #8 Exhibit 116 of Wendy Devine ISO Oppos to Daubert Mtn, #9 Exhibit 117 of Wendy Devine ISO Oppos to Daubert Mtn, #10 Exhibit 118 of Wendy Devine ISO Oppos to Daubert Mtn, #11 Exhibit 119 of Wendy Devine ISO Oppos to Daubert Mtn, #12 Exhibit 120 of Wendy Devine ISO Oppos to Daubert Mtn, #13 Exhibit 121 of Wendy Devine ISO Oppos to Daubert Mtn, #14 Exhibit 122 of Wendy Devine ISO Oppos to Daubert Mtn, #15 Exhibit 123 of Wendy Devine ISO Oppos to Daubert Mtn, #16 Exhibit 124 of Wendy Devine ISO Oppos to Daubert Mtn, #17 Exhibit 125 of Wendy Devine ISO Oppos to Daubert Mtn)(Devine, Wendy) (anh).
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Filing 258
NOTICE of Lodgment by Nuvasive, Inc.(a Delaware corporation) (Devine, Wendy) (anh).
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Filing 257
NOTICE of Errata to Doc. Nos. 250-1 & 250-2 by Nuvasive, Inc. re #250 MOTION for Summary Judgment Partial Summary Judgment MOTION for Partial Summary Judgment (Attachments: #1 Exhibit 8 ISO Notice of Errata to Doc. Nos. 250-1 & 250-2, #2 Exhibit 19 ISO Notice of Errata to Doc. Nos. 250-1 & 250-2, #3 Exhibit 49 ISO Notice of Errata to Doc. Nos. 250-1 & 250-2, #4 Exhibit 50 ISO Notice of Errata to Doc. Nos. 250-1 & 250-2, #5 Exhibit 53 ISO Notice of Errata to Doc. Nos. 250-1 & 250-2, #6 Exhibit 54 ISO Notice of Errata to Doc. Nos. 250-1 & 250-2)(Devine, Wendy)
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Filing 256
NOTICE of Errata to Doc. Nos. 252-1 and 253 by Alphatec Holdings, Inc.(a Delaware corporation), Alphatec Spine, Inc. re #252 MOTION for Summary Judgment or, in the Alternative, Summary Adjudication, #253 Declaration,,, (Attachments: #1 Corrected Memo of Points and Authorities, #2 Corrected Declaration of Brian J. Nisbet, #3 Exhibit 32, #4 Exhibit 33, #5 Exhibit 34, #6 Exhibit 35, #7 Exhibit 36, #8 Exhibit 37)(Wickramasekera, Nimalka) (anh).
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Filing 255
NOTICE of Errata to Doc. Nos. 251 and 251-2 by Alphatec Holdings, Inc.(a Delaware corporation), Alphatec Spine, Inc. re #251 MOTION to Exclude the Expert Testimony of Jim Youssef, Blake Inglish, and Stephen K. Kunin (Attachments: #1 Corrected Memo of Points and Authorities, #2 Corrected Declaration of Brian J. Nisbet, #3 Exhibit 17, #4 Exhibit 18, #5 Exhibit 19, #6 Exhibit 20, #7 Exhibit 21, #8 Exhibit 22)(Wickramasekera, Nimalka) (anh).
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Filing 254
MOTION for Attorney Fees and Costs by Alphatec Holdings, Inc., Alphatec Spine, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Brian Nisbet, #3 Exhibit 1 to Nisbet Decl, #4 Exhibit 2 to Nisbet Decl)(Wickramasekera, Nimalka) (anh).
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Filing 253
DECLARATION re #252 MOTION for Summary Judgment or, in the Alternative, Summary Adjudication - Declaration of Brian J. Nisbet by Defendants Alphatec Holdings, Inc., Alphatec Spine, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31)(Wickramasekera, Nimalka) (anh).
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Filing 252
MOTION for Summary Judgment or, in the Alternative, Summary Adjudication by Alphatec Holdings, Inc., Alphatec Spine, Inc.. (Attachments: #1 Memo of Points and Authorities)(Wickramasekera, Nimalka) (anh).
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Filing 251
MOTION to Exclude the Expert Testimony of Jim Youssef, Blake Inglish, and Stephen K. Kunin by Alphatec Holdings, Inc., Alphatec Spine, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Brian Nisbet, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16)(Wickramasekera, Nimalka) (anh).
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Filing 250
MOTION for Summary Judgment Partial Summary Judgment, MOTION for Partial Summary Judgment by Nuvasive, Inc.. (Attachments: #1 Memo of Points and Authorities ISO Partial Motion for Summary Judgment, #2 Declaration ISO Partial MSJ, #3 Appendix A, #4 Appendix B, #5 Appendix C, #6 Exhibit 1 ISO Devine Decl., #7 Exhibit 2 ISO Devine Decl., #8 Exhibit 3 Part I ISO Devine Decl., #9 Exhibit 3 Part II ISO Devine Decl., #10 Exhibit 3 Part III ISO Devine Decl., #11 Exhibit 3 Part IV ISO Devine Decl., #12 Exhibit 4 Part I ISO Devine Decl., #13 Exhibit 4 Part II ISO Devine Decl., #14 Exhibit 5 Part I ISO Devine Decl., #15 Exhibit 5 Part II ISO Devine Decl., #16 Exhibit 5 Part III ISO Devine Decl., #17 Exhibit 5 Part IV ISO Devine Decl., #18 Exhibit 6 ISO Devine Decl., #19 Exhibit 7 ISO Devine Decl., #20 Exhibit 8 ISO Devine Decl., #21 Exhibit 9 ISO Devine Decl., #22 Exhibit 10 ISO Devine Decl., #23 Exhibit 11 ISO Devine Decl., #24 Exhibit 12 ISO Devine Decl., #25 Exhibit 13 ISO Devine Decl., #26 Exhibit 14 ISO Devine Decl., #27 Exhibit 15 ISO Devine Decl., #28 Exhibit 16 ISO Devine Decl., #29 Exhibit 17 ISO Devine Decl., #30 Exhibit 18 ISO Devine Decl., #31 Exhibit 19 ISO Devine Decl., #32 Exhibit 20 ISO Devine Decl., #33 Exhibit 21 ISO Devine Decl., #34 Exhibit 22 ISO Devine Decl., #35 Exhibit 23 ISO Devine Decl., #36 Exhibit 24 ISO Devine Decl., #37 Exhibit 25 ISO Devine Decl., #38 Exhibit 26 ISO Devine Decl., #39 Exhibit 27 ISO Devine Decl., #40 Exhibit 28 ISO Devine Decl., #41 Exhibit 29 ISO Devine Decl., #42 Exhibit 30 ISO Devine Decl., #43 Exhibit 31 ISO Devine Decl., #44 Exhibit 32 ISO Devine Decl., #45 Exhibit 33 ISO Devine Decl., #46 Exhibit 34 ISO Devine Decl., #47 Exhibit 35 ISO Devine Decl., #48 Exhibit 36 ISO Devine Decl., #49 Exhibit 37 ISO Devine Decl., #50 Exhibit 38 ISO Devine Decl., #51 Exhibit 39 ISO Devine Decl., #52 Exhibit 40 ISO Devine Decl., #53 Exhibit 41 ISO Devine Decl., #54 Exhibit 42 ISO Devine Decl., #55 Exhibit 43 ISO Devine Decl., #56 Exhibit 44 ISO Devine Decl., #57 Exhibit 45 ISO Devine Decl., #58 Exhibit 46 ISO Devine Decl., #59 Exhibit 47 ISO Devine Decl., #60 Exhibit 48 ISO Devine Decl., #61 Exhibit 49 ISO Devine Decl., #62 Exhibit 50 ISO Devine Decl., #63 Exhibit 51 ISO Devine Decl., #64 Exhibit 52 ISO Devine Decl., #65 Exhibit 53 ISO Devine Decl.)(Devine, Wendy) (anh).
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Filing 249
NOTICE of Lodgment by Nuvasive, Inc.(a Delaware corporation) (Devine, Wendy) (anh).
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Filing 248
ORDER Granting in Part and Denying in Part #246 Motion to File Documents Under Seal. Signed by Judge Cathy Ann Bencivengo on 1/17/20. (dlg)
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Filing 247
ORDER Denying Motion to File Under Seal [Doc. No. #245 ]. Signed by Judge Cathy Ann Bencivengo on 1/15/2020. (anh)
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Filing 246
MOTION to File Documents Under Seal (Wickramasekera, Nimalka)
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Filing 245
MOTION to File Documents Under Seal (With attachments)(Tanner, Trenton)
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Filing 244
RESPONSE to Motion re #211 Ex Parte MOTION To Take Additional Deposition Time and for Expedited Briefing Schedule [REDACTED VERSION per Docket No. 242] filed by Alphatec Holdings, Inc., Alphatec Spine, Inc.. (Nisbet, Brian) (anh).
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Filing 243
ORDER denying #211 Plaintiff's Ex Parte MOTION To Take Additional Depositions. Signed by Magistrate Judge Mitchell D. Dembin on 12/18/19. (Dembin, Mitchell) (Main Document 243 replaced on 12/18/2019) (dls). Modified on 12/18/2019 to correct typographical error; NEF regenerated (dls).
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Filing 242
ORDER granting in part and denying in part #238 Motion to File Documents Under Seal. There is no good cause to seal Defendant's entire Response to Plaintiff's Motion #211 . A redacted, public version of the Response must be filed within 5 days. Defendant's motion is granted to the extent that excerpts reflecting or discussing confidential information may remain under seal. Signed by Magistrate Judge Mitchell D. Dembin on 12/18/19. (no document attached) (Dembin, Mitchell)
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Filing 241
ORDER finding as moot #221 Ex Parte MOTION for Discovery Dispute. This motion has been withdrawn #235 . The Court further orders that ECF Nos. #219 and #220 be stricken from the record. Signed by Magistrate Judge Mitchell D. Dembin on 12/18/19. (no document attached) (Dembin, Mitchell) Modified on 12/19/2019 to include order striking documents (dls).
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Filing 240
ORDER granting #235 Joint MOTION and Stipulation Withdrawing NuVasive's Ex Parte Motion to Resolve a Discovery Dispute #221 . NuVasive's Motion to Resolve a Discovery Dispute is ordered withdrawn. Signed by Magistrate Judge Mitchell D. Dembin on 12/18/19. (no document attached) (Dembin, Mitchell)
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Filing 239
SEALED LODGED Proposed Document re: #238 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Nisbet, Brian)
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Filing 238
MOTION to File Documents Under Seal (Nisbet, Brian)
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Filing 237
RESPONSE to Motion re #211 Ex Parte MOTION To Take Additional Deposition Time and for Expedited Briefing Schedule filed by Alphatec Holdings, Inc., Alphatec Spine, Inc.. (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Nisbet, Brian) (anh). Modified to correct document description on 12/18/2019 (anh).
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Filing 236
RESPONSE to Motion re #221 Ex Parte MOTION for Discovery Dispute Patrick Miles's and MOM LLC's Response to NuVasive's Ex Parte Motion for the Determination of a Discovery Dispute filed by Alphatec Holdings, Inc.(a Delaware corporation), Alphatec Spine, Inc.. (Wickramasekera, Nimalka) (anh).
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Filing 235
Joint MOTION and Stipulation Withdrawing NuVasive's Ex Parte Motion to Resolve a Discovery Dispute re #221 Ex Parte MOTION for Discovery Dispute by Alphatec Holdings, Inc., Alphatec Spine, Inc.. (Nisbet, Brian) (anh).
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Filing 234
NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Status Conference) held on 12/12/2019 before Judge Cathy Ann Bencivengo. Court Reporter/Transcriber: Mauralee Ramirez. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 1/6/2020. Redacted Transcript Deadline set for 1/16/2020. Release of Transcript Restriction set for 3/16/2020. (akr)
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Filing 233
ORDER: Pending before the Court are Plaintiff's Ex Parte Motion to Take Additional Deposition Time, #211 , and Plaintiff's Ex Parte Motion for Discovery Dispute, #221 . On or before December 17, 2019, Defendant may file responses to these two pending motions. No reply briefs absent further order. Signed by Magistrate Judge Mitchell D. Dembin on 12/12/19.(no document attached) (atk)
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Filing 232
Minute Order for proceedings held before Judge Cathy Ann Bencivengo: Motion Hearing held on 12/12/2019 re #218 Ex Parte MOTION for Protective Order and Appointment of Special Master filed by Nuvasive, Inc. The motion is denied by the Court. The Court further authorizes the defense to file a motion for sanctions. (Court Reporter/ECR Mauralee Ramirez). (Plaintiff Attorney Michael Hilgers and Paul Tripodi).(Defendant Attorney Nimalka Wickramasekera, David Dalke and Brian Nisbet). (no document attached) (lmh)
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Filing 230
ORDER Granting #216 Motion to File Documents Under Seal. Signed by Judge Cathy Ann Bencivengo on 12/12/19. (dlg)
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Filing 228
ORDER Granting #226 Motion to File Documents Under Seal. Signed by Judge Cathy Ann Bencivengo on 12/11/19. (dlg)
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Filing 227
*** DOCKETED SEALED ON 12/11/19, ECF 229 *** SEALED LODGED Proposed Document re: #226 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Wickramasekera, Nimalka) Modified on 12/11/2019 (dlg).
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Filing 226
MOTION to File Documents Under Seal (Wickramasekera, Nimalka)
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Filing 225
RESPONSE in Opposition re #218 Ex Parte MOTION for Protective Order and Appointment of Special Master filed by Alphatec Holdings, Inc., Alphatec Spine, Inc.. (Attachments: #1 Declaration of Nimalka Wickramasekera, #2 Exhibit A (redacted), #3 Exhibit B)(Wickramasekera, Nimalka) (anh).
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Filing 224
OBJECTION by Nuvasive, Inc.(a Delaware corporation) re #222 Notice (Other), NuVasive's Initial Response to Alphatec's Notice of Emergency Request for In-Person Status Conference (Tripodi, Paul) (anh).
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Filing 223
ORDER Granting Request for Hearing [Doc. No. #222 ]. Signed by Judge Cathy Ann Bencivengo on 12/9/2019.(anh)
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Filing 222
NOTICE of Emergency Request for In-Person Status Conference Before The Honorable Judge Cathy Ann Bencivengo and Immediate Stay of Litigation Pending Resolution of NuVasive's Ex Parte Motion to Disqualify Alphatec's Counsel by Alphatec Holdings, Inc.(a Delaware corporation), Alphatec Spine, Inc. (Attachments: #1 Declaration of Nimalka R. Wickramasekera, #2 Exhibit 1)(Wickramasekera, Nimalka) (anh).
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Filing 221
Ex Parte MOTION for Discovery Dispute by Nuvasive, Inc.(a Delaware corporation). (Attachments: #1 Declaration of T. Tanner, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G (FUS), #9 Exhibit H (FUS), #10 Exhibit I (FUS), #11 Exhibit J (FUS), #12 Exhibit K (FUS), #13 Exhibit L (FUS), #14 Exhibit M (FUS), #15 Exhibit N (FUS), #16 Exhibit O, #17 Exhibit P)(Tanner, Trenton) (anh).
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Filing 220
***DOCUMENT STRICKEN PER ECF 241 *** - SEALED LODGED Proposed Document re: #219 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Tanner, Trenton) Modified on 12/19/2019 to strike document (aef).
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Filing 219
***DOCUMENT STRICKEN PER ECF 241 *** - MOTION to File Documents Under Seal (Tanner, Trenton) Modified on 12/19/2019 to strike document (aef).
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Filing 218
Ex Parte MOTION for Protective Order and Appointment of Special Master by Nuvasive, Inc.(a Delaware corporation). (Attachments: #1 Declaration of J. English, #2 Exhibit A (FUS), #3 Exhibit B, #4 Exhibit C, #5 Exhibit D (FUS), #6 Exhibit E (FUS), #7 Exhibit F (FUS), #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J (FUS), #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N (FUS), #16 Exhibit O, #17 Exhibit P (FUS), #18 Declaration of K. Malone, #19 Exhibit A, #20 Declaration of P. Tripodi, #21 Exhibit A, #22 Exhibit B, #23 Exhibit C, #24 Exhibit D, #25 Exhibit E, #26 Exhibit F, #27 Exhibit G, #28 Exhibit H, #29 Exhibit I, #30 Exhibit J, #31 Exhibit K, #32 Exhibit L, #33 Exhibit M, #34 Exhibit N, #35 Exhibit O, #36 Exhibit P, #37 Exhibit Q)(Tripodi, Paul) (anh).
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Filing 217
*** DOCKETED SEALED ON 12/12/19, ECF 231 *** SEALED LODGED Proposed Document re: #216 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Tripodi, Paul) Modified on 12/12/2019 (dlg).
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Filing 216
MOTION to File Documents Under Seal (With attachments)(Tripodi, Paul)
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Filing 215
NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Status Conference) held on 12/5/2019 before Judge Cathy Ann Bencivengo. Court Reporter/Transcriber: Mauralee Ramirez. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 12/27/2019. Redacted Transcript Deadline set for 1/6/2020. Release of Transcript Restriction set for 3/5/2020. (akr)
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Filing 214
Minute Order for proceedings held before Judge Cathy Ann Bencivengo:Telephonic (CourtCall) Status Conference held on 12/5/2019. #203 Motion for Determination of Discovery Dispute (to Strike) is denied. Plaintiff must notify defendants of claims asserting by 12/13/2019. Defendants must give prior art designations by 1/3/2020. (Court Reporter/ECR Mauralee Ramirez). (Plaintiff Attorney Wendy Devine and Paul Tripodi).(Defendant Attorney Brian Nisbet and Nimala Wickramasekera). (no document attached) (lmh)
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Filing 213
NOTICE of List of All Currently Asserted Claims Against Defendants by Nuvasive, Inc. re #210 Order (Tripodi, Paul) (anh).
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Filing 212
ORDER RE: #211 Plaintiff's Ex Parte Motion for Leave for Additional Deposition Time and for Expedited Briefing Schedule: Plaintiff filed a motion on December 3, 2019, citing compliance to Civ. Chambers Rule VI in support of its ex parte motion. In accordance with that rule "No later than five (5) business days following service of the ex parte application, opposing counsel must contact chambers and state whether an opposition will be filed and an estimate of how much time will be needed to prepare the opposition." As such, Defendant now has until December 9, 2019, to comply with this Court's Chambers Rule VI. Signed by Magistrate Judge Mitchell D. Dembin on 12/04/2019. (no document attached) (atk)
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Filing 211
Ex Parte MOTION To Take Additional Deposition Time and for Expedited Briefing Schedule by Nuvasive, Inc.. (Attachments: #1 Declaration of Trenton Tanner ISO Mtn, #2 Exhibit A to Trenton Tanner Decl., #3 Exhibit B to Trenton Tanner Decl.)(Tanner, Trenton) (anh).
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Filing 210
MINUTE ORDER: It is hereby ORDERED that no later than 4:00 p.m. on Wednesday, December 4, 2019, Plaintiff will submit to the Court a list of all the claims for each patent at issue it is asserting against Defendant. It is SO ORDERED.(anh)
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Filing 209
MINUTE ORDER: It is hereby ORDERED that an on-the-record telephonic conference is set for December 5, 2019 at 2:30 p.m. to discuss the parties infringement and invalidity contentions. The parties shall arrange their telephonic appearances through CourtCall as explained in the Courts Chambers Rules. It is SO ORDERED.(anh)
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Filing 208
ORDER granting #207 Joint Motion for Extension of Time to Resolve Discovery Disputes: The Court finds good cause to "extend the deadline to seek resolution of any discovery disputes related to Mr. Miles' and MOM's responses to Subpoenas to Produce Documents that NuVasive previously served on Mr. Miles and MOM...up to and including Friday, December 6, 2019." (ECF No. 207). Signed by Magistrate Judge Mitchell D. Dembin on 11/27/2019. (no document attached) (atk)
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Filing 207
Joint MOTION for Discovery Extension of Time to Resolve Discovery Disputes Related to P. Miles and MOM, LLC by Nuvasive, Inc.. (Tanner, Trenton) (anh).
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Filing 206
NOTICE Notice of Intent to Respond to Nuvasive's Ex Parte Motion for Determination of Discovery Dispute by Alphatec Holdings, Inc., Alphatec Spine, Inc. re #203 Ex Parte MOTION for Determination of Discovery Dispute (Attachments: #1 Declaration Brian J. Nisbet in Support of Notice of Intent to Respond, #2 Exhibit A - November 6 2019 Redline, #3 Exhibit B - Email Exchange re Client Communication, #4 Exhibit C - November 4 Email Exchange, #5 Exhibit D - November 6 Email Exchange)(Nisbet, Brian) (dlg).
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Filing 205
ORDER Approving the Pro Hac Vice Application of Corinne Stone Hockman, re #204 Request to Appear Pro Hac Vice. Signed by Judge Cathy Ann Bencivengo on 11/13/2019.(rmc)
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Filing 204
Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-13155983.) (Application to be reviewed by Clerk.) (Stone Hockman, Corinne) (rmc).
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Filing 203
Ex Parte MOTION for Determination of Discovery Dispute by Nuvasive, Inc.(a Delaware corporation). (Attachments: #1 Declaration of Sara L. Tolbert, #2 Exhibit A ISO Tolbert Decl., #3 Exhibit B ISO Tolbert Decl., #4 Exhibit C ISO Tolbert Decl., #5 Exhibit D ISO Tolbert Decl.)(Tripodi, Paul) (anh).
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Filing 202
NOTICE of Appearance by Erik Carlson on behalf of Nuvasive, Inc.(a Delaware corporation) (Carlson, Erik)Attorney Erik Carlson added to party Nuvasive, Inc.(pty:cd), Attorney Erik Carlson added to party Nuvasive, Inc.(pty:pla), Attorney Erik Carlson added to party Nuvasive, Inc.(pty:cd) (anh).
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Filing 201
NOTICE of Change/Withdrawal of Counsel (Stephen Smerek) by Alphatec Holdings, Inc.(a Delaware corporation), Alphatec Spine, Inc. (Wickramasekera, Nimalka) (anh).
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Filing 200
ORDER Granting in Part Joint Motion for Extension of Time [Doc. No. #199 ]. Signed by Judge Cathy Ann Bencivengo on 10/23/2019. (anh)
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Filing 199
Joint MOTION Extension of Time by Nuvasive, Inc.. (Tripodi, Paul) (anh).
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Filing 198
ORDER on Joint Motion for Determination of Discovery Dispute Regarding Electronically Stored Information [ECF No. #197 ]. Signed by Magistrate Judge Mitchell D. Dembin on 10/7/2019. (anh)
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Filing 197
Joint MOTION for Discovery Determination of Discovery Dispute by Nuvasive, Inc.. (Attachments: #1 Declaration of Christina Dashe ISO Joint Motion, #2 Exhibit A ISO Dashe Decl., #3 Exhibit B ISO Dashe Decl., #4 Exhibit C ISO Dashe Decl., #5 Exhibit D ISO Dashe Decl., #6 Exhibit E ISO Dashe Decl., #7 Exhibit F ISO Dashe Decl., #8 Exhibit G ISO Dashe Decl., #9 Exhibit H ISO Dashe Decl., #10 Exhibit I ISO Dashe Decl., #11 Exhibit J ISO Dashe Decl., #12 Exhibit K ISO Dashe Decl., #13 Exhibit L ISO Dashe Decl., #14 Declaration Brian J. Nisbet ISO Joint Motion, #15 Exhibit 1 to Nisbet Decl., #16 Exhibit 2 to Nisbet Decl., #17 Exhibit 3 to Nisbet Decl.)(Dashe, Christina) (anh).
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Filing 196
PRO HAC APPROVED: Michael T. Hilgers appearing for Counter Defendants Nuvasive, Inc., Nuvasive, Inc., Plaintiff Nuvasive, Inc. (no document attached) (jrd)
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Filing 195
Request to Appear Pro Hac Vice (Filing fee received: $ 206 receipt number 0974-12937624.)(Application to be reviewed by Clerk.)(Hilgers, Michael)(jrd)
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Filing 194
ORDER on #193 Joint Motion for Determination of Discovery Dispute. As presented in this Joint Motion, Plaintiffs motion to compel further responses to RFP Nos. 81 and 93 is DENIED. Defendants, however, must amend their response to RFP No. 93, within 14 days, to state whether responsive documents have been withheld pursuant to their objection. Signed by Magistrate Judge Mitchell D. Dembin on 9/12/19. (Dembin, Mitchell)
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Filing 193
Joint MOTION for Discovery Determination of Discovery Dispute by Nuvasive, Inc.. (Attachments: #1 Declaration of Christina Dashe in Support of Joint Motion for Determination of Discovery Dispute, #2 Exhibit A in Support of Christina Dashe Decl., #3 Exhibit B in Support of Christina Dashe Decl., #4 Exhibit C in Support of Christina Dashe Decl.)(Dashe, Christina) (anh).
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Filing 192
PRO HAC APPROVED re #189 : Trenton D. Tanner appearing for Counter Defendants Nuvasive, Inc., Nuvasive, Inc., Plaintiff Nuvasive, Inc. (no document attached) (mdc)
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Filing 191
PRO HAC APPROVED re #188 : James Bub Windle appearing for Counter Defendants Nuvasive, Inc., Nuvasive, Inc., Plaintiff Nuvasive, Inc. (no document attached) (mdc)
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Filing 190
PRO HAC APPROVED re #187 : Andrew Ross Graben appearing for Counter Defendants Nuvasive, Inc., Nuvasive, Inc., Plaintiff Nuvasive, Inc. (no document attached) (mdc)
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Filing 189
Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-12929643.) (Application to be reviewed by Clerk.) (Tanner, Trenton) (Main Document 189 replaced on 9/11/2019 re file upload format.) (mdc)
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Filing 188
Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-12929605.) (Application to be reviewed by Clerk.) (Windle, James) (Main Document 188 replaced on 9/11/2019 re file upload format.) (mdc)
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Filing 187
Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-12929559.) (Application to be reviewed by Clerk.) (Graben, Andrew) (Main Document 187 replaced on 9/11/2019 re file upload format.) (mdc)
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Filing 186
Minute Order Vacating Mandatory Settlement Conference: In light of the operative scheduling order (ECF No. 183), the Mandatory Settlement Conference currently set for September 9, 2019 is VACATED. See ECF No. 183 at 1 ("If the parties want a settlement conference with Judge Dembin, they should contact his chambers to set a date."). IT IS SO ORDERED by Judge Mitchell D. Dembin on September 5, 2019. (no document attached) (jb1)
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Filing 185
ORDER granting in part and denying in part #184 Joint Motion for Extension of Time to File Joint Motion for Determination of Discovery Dispute. The parties seek a two month extension, from September 11 to November 12, 2019, to file a joint motion for determination of discovery dispute regarding the dispute identified in the moving papers. Considering the scheduling order recently filed in this case #183 , a two month extension is too long. The Court will grant the extension to October 18, 2019. Signed by Magistrate Judge Mitchell D. Dembin on 9/4/19. (no document attached) (Dembin, Mitchell)
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Filing 184
Joint MOTION for Discovery Extension of Time by Nuvasive, Inc.. (Dashe, Christina) (anh).
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Filing 183
Scheduling ORDER. [Doc. No. #180 ]. Signed by Judge Cathy Ann Bencivengo on 8/29/2019. (anh)
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Filing 182
ORDER granting #181 Joint Motion to Extend Time to File Joint Motion for Determination of Discovery Dispute. Good cause appearing, the deadline to bring a Joint Motion for Determination of Discovery Dispute regarding the identified responses is extended to September 11, 2019. Signed by Magistrate Judge Mitchell D. Dembin on 8/22/19. (no document attached) (Dembin, Mitchell)
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Filing 181
Joint MOTION for Extension of Time by Alphatec Holdings, Inc., Alphatec Spine, Inc.. (Nisbet, Brian) (mme).
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Filing 180
Joint MOTION Proposed Schedule re #178 Order Lifting Stay, Set Deadlines/Hearings by Nuvasive, Inc.. (Dashe, Christina) (mme).
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Filing 179
NOTICE of Withdrawal of Counsel by Grace Pak by Nuvasive, Inc. (Dashe, Christina) (anh).
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Filing 178
ORDER LIFTING STAY,. Signed by Judge Cathy Ann Bencivengo on 8/6/2019.(anh)
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Filing 177
ORDER Approving the Pro Hac Vice Application of Brian J. Nisbet (Re: ECF No. #176 Request to Appear Pro Hac Vice). Signed by Judge Cathy Ann Bencivengo on 8/5/2019.(jrd)
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Filing 176
Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-12785763.) (Application to be reviewed by Clerk.) (Nisbet, Brian) (dsn)
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Filing 175
NOTICE OF CHANGE OF COUNSEL (Jason Hamilton) by Alphatec Holdings, Inc.(a Delaware corporation), Alphatec Spine, Inc. (Wickramasekera, Nimalka) (anh).
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Filing 174
STATUS REPORT re Institution Decisions for Alphatec's IPR Petitions and Recommendations of Parties for Further Proceedings by Nuvasive, Inc.. (Dashe, Christina) (anh).
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Filing 173
ANSWER to Amended Counterclaim by Nuvasive, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Devine, Wendy) (anh).
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Filing 172
ORDER granting #163 Joint Motion for Protective Order. See attached Order. Signed by Magistrate Judge Mitchell D. Dembin on 04/02/2019. (atk)
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Filing 171
ORDER Denying #162 Motion to Dismiss Counterclaim XIII. NuVasive shall answer the second amended counterclaim on or before April 12, 2019. Signed by Judge Cathy Ann Bencivengo on 3/29/19. (dlg)
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Filing 170
REPLY to Response to Motion re #162 MOTION to Dismiss for Failure to State a Claim to Defendants' Second Amended Counterclaim XIII filed by Nuvasive, Inc.. (Attachments: #1 Declaration of Wendy Devine in Support of Reply, #2 Exhibit 2 to Wendy Devine Declaration)(Devine, Wendy) (dlg).
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Filing 169
NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Claim Construction Hearing) held on 3/20/2019 before Judge Cathy Ann Bencivengo. Court Reporter/Transcriber: Mauralee Ramirez. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 4/15/2019. Redacted Transcript Deadline set for 4/25/2019. Release of Transcript Restriction set for 6/24/2019. (akr)
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Filing 168
RESPONSE in Opposition re #162 MOTION to Dismiss for Failure to State a Claim to Defendants' Second Amended Counterclaim XIII filed by Alphatec Holdings, Inc., Alphatec Spine, Inc.. (Wickramasekera, Nimalka) (anh).
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Filing 167
Claim Construction ORDER. Signed by Judge Cathy Ann Bencivengo on 3/20/2019.(anh)
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Filing 166
Minute Entry for proceedings held before Judge Cathy Ann Bencivengo: Claims Construction Hearing held on 3/20/2019.(Court Reporter/ECR Mauralee Ramirez). (Plaintiff Attorney Paul Tripodi, Natalie Morgan, Wendy Devine). (Defendant Attorney Nimalka Wickramasekera, Saranya Raghavan, Jason Hamilton). (no document attached) (lmh)
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Filing 165
ORDER Granting Nuvasive, Inc.'s Request for Approval to Use Electronic Equipment and to Bring Surgical Tools into Courtroom. Signed by Judge Cathy Ann Bencivengo on 3/14/2019.(ag)
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Filing 164
ORDER Granting Alphatec Holdings, Inc. and Alphate Spine, Inc.'s Approval to Use Electronic Equipment and to Bring Surgical Tools into Courtroom. Signed by Judge Cathy Ann Bencivengo on 3/13/2019.(ag)
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Filing 163
Joint MOTION for Protective Order Entry by Nuvasive, Inc.. (Attachments: #1 Exhibit A- Protective Order Governing Confidential Information (DI 129-12))(Morgan, Natalie) (anh).
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Filing 162
MOTION to Dismiss for Failure to State a Claim to Defendants' Second Amended Counterclaim XIII by Nuvasive, Inc.. (Attachments: #1 Memo of Points and Authorities in Support Thereof, #2 Declaration of Sara L. Tolbert in Support Thereof, #3 Exhibit 1 in Support of Tolbert Declaration)(Devine, Wendy) (anh).
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Filing 161
Minute Order: Due to a conflict in the Courts calendar, the claim construction currently scheduled for March 12, 2019, is RESCHEDULED for March 20, 2019, at 9:30 a.m. All other scheduling deadlines remain the same. It is SO ORDERED.(anh)
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Filing 160
AMENDED COUNTERCLAIM (SECOND) against Nuvasive, Inc., filed by Alphatec Holdings, Inc., Alphatec Spine, Inc.. (Wickramasekera, Nimalka) (anh).
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Filing 159
RESPONSE TO CLAIM CONSTRUCTION BRIEF by Alphatec Holdings, Inc., Alphatec Spine, Inc.. (Attachments: #1 Declaration of Jason Hamilton, #2 Exhibit 18, #3 Exhibit 19, #4 Exhibit 20)(Wickramasekera, Nimalka) (anh).
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Filing 158
RESPONSE TO CLAIM CONSTRUCTION BRIEF by Nuvasive, Inc.. (Attachments: #1 Declaration of Wendy L. Devine, #2 Exhibit 11 to Wendy L. Devine Declaration)(Devine, Wendy)(anh).
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Filing 157
Minute Entry for proceedings held before Judge Cathy Ann Bencivengo: A telephonic/In Chambers Status Conference was held on 2/6/2019.(Court Reporter/ECR N/A). (no document attached) (lmh)
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Filing 156
ORDER Staying Case Pending Decision on Institution of Alphatec's Pending IPR Petitions [Docs. Nos. #142 , #154 ]. Signed by Judge Cathy Ann Bencivengo on 2/6/2019. (anh)
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Filing 155
ORDER on Joint Stipulation for Stay Pending Decision on Institution of Alphatec's Pending IPR Petitions. [Doc. Nos. #154 ]. Signed by Judge Cathy Ann Bencivengo on 2/1/2019. (anh)
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Filing 154
Joint MOTION Joint Stipulation for Stay Pending Decision on Institute of Alphatec's Pending IPR Petitions by Nuvasive, Inc.(a Delaware corporation). (Tripodi, Paul) (anh).
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Filing 153
ORDER Approving the Pro Hac Vice Application of Saranya Raghavan (Re: Doc. No. #151 Request to Appear Pro Hac Vice). Signed by Judge Cathy Ann Bencivengo on 1/30/2019.(jrd)
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Filing 152
ORDER Granting In Part and Denying In Part Motion to Strike and Motion to Dismiss Counterclaims [Doc. No. #132 ]. Signed by Judge Cathy Ann Bencivengo on 1/30/2019. (anh)
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Filing 151
Request to Appear Pro Hac Vice (Filing fee received: $ 206 receipt number 0974-12142266.)(Application to be reviewed by Clerk.)(Raghavan, Saranya)(jrd)
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Filing 150
NOTICE of Appearance by Lev Tsukerman on behalf of Alphatec Holdings, Inc., Alphatec Spine, Inc. (Tsukerman, Lev)Attorney Lev Tsukerman added to party Alphatec Holdings, Inc.(pty:dft), Attorney Lev Tsukerman added to party Alphatec Spine, Inc.(pty:dft) (anh).
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Filing 149
CLAIM CONSTRUCTION BRIEF by Alphatec Holdings, Inc., Alphatec Spine, Inc.. (Attachments: #1 Declaration of Jason C. Hamilton, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17)(Wickramasekera, Nimalka) (anh).
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Filing 148
CLAIM CONSTRUCTION BRIEF by Nuvasive, Inc.(a Delaware corporation). (Attachments: #1 Declaration of Wendy Devine, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10)(Devine, Wendy) (anh).
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Filing 147
ORDER granting #146 Joint Motion for Extension of Time to File Joint Motion for Determination of Discovery Dispute. Good cause appearing, any joint motion regarding NuVasives supplemental responses to Alphatecs Interrogatory Nos. 1-3 and 13 will be due on March 4, 2019, and any joint motion regarding Alphatecs responses to NuVasives Third Set of Requests for Production (Nos. 81-97) and Second Set of Interrogatories (Nos. 11-16) will be due on March 13, 2019. Signed by Magistrate Judge Mitchell D. Dembin on 1/28/19. (no document attached) (Dembin, Mitchell) (anh).
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Filing 146
Joint MOTION Extension of Time by Nuvasive, Inc.. (Dashe, Christina) (anh).
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Filing 144
NOTICE of Appearance by David P Dalke on behalf of Alphatec Holdings, Inc., Alphatec Spine, Inc. (Dalke, David)Attorney David P Dalke added to party Alphatec Holdings, Inc.(pty:dft), Attorney David P Dalke added to party Alphatec Spine, Inc.(pty:dft) (jpp).
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Filing 143
*** DOCKETED SEALED ON 1/17/19, ECF 145 *** SEALED LODGED Proposed Document re: #139 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Wickramasekera, Nimalka) (dlg). Modified on 1/17/2019 (dlg).
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Filing 142
MOTION to Stay by Alphatec Holdings, Inc., Alphatec Spine, Inc.. (Attachments: #1 Memo of Points and Authorities (REDACTED), #2 Declaration of Nimalka Wickramasekera in Support, #3 Exhibit A to Wickramasekera Decl., #4 Exhibit B to Wickramasekera Decl., #5 Exhibit C to Wickramasekera Decl. (REDACTED))(Wickramasekera, Nimalka) (jpp).
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Filing 141
ORDER on #129 Joint Motion for Determination of Discovery Dispute. Signed by Magistrate Judge Mitchell D. Dembin on 1/15/2019. (ag)
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Filing 140
ORDER granting #139 Defendants Alphatec Holdings, Inc. and Alphatec Spine, Inc.'s Motion for Leave to File Motion to Stay Interrogatory Responses to Seal. Signed by Judge Cathy Ann Bencivengo on 1/11/2019. (ag)
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Filing 139
MOTION to File Documents Under Seal (Wickramasekera, Nimalka) (dlg).
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Filing 138
REPLY to Response to Motion re #132 MOTION to Strike #125 Amended Counterclaim NuVasive's Motion to Strike and Motion to Dismiss filed by Nuvasive, Inc.. (Devine, Wendy) (anh).
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Filing 137
Minute Order: Due to a conflict in the Courts calendar, the claim construction currently scheduled for February 19, 2019, is RESCHEDULED for February 14, 2019, at 9:30 a.m. All other scheduling deadlines remain the same. It is SO ORDERED.(anh)
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Filing 136
NOTICE Regarding Petitions for Inter Partes Review and Intent to File Motion to Stay Proceedings by Alphatec Holdings, Inc., Alphatec Spine, Inc. (Attachments: #1 Declaration of Nimalka R. Wickramasekera)(Wickramasekera, Nimalka) (anh).
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Filing 135
RESPONSE in Opposition re #132 MOTION to Strike #125 Amended Counterclaim NuVasive's Motion to Strike and Motion to Dismiss filed by Alphatec Holdings, Inc., Alphatec Spine, Inc.. (Attachments: #1 Declaration of Nimalka Wickramasekera (with Exhibits A-B))(Wickramasekera, Nimalka) (aef).
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Filing 134
ORDER on #117 Joint Motion for Determination of Discovery Dispute. Defendant Alphatec's motion to compel further responses to Requests for Production 1-3, 5-8, 11, 12, 14, and 15, and Interrogatories 6 and 7, as presented in this Joint Motion, is GRANTED IN PART AND DENIED IN PART. To the extent that the Court has ordered further responses, Plaintiff NuVasive must serve such responses no later than 30 days after the filing of this Order, absent a contrary agreement of the parties or further Order of the Court. Signed by Magistrate Judge Mitchell D. Dembin on 12/13/18. (Dembin, Mitchell)
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Filing 133
JOINT HEARING STATEMENT by Nuvasive, Inc.(a Delaware corporation). (Attachments: #1 Appendix A1-A6 Joint Claim Construction Chart, #2 Appendix B1-B7 Joint Claim Construction Worksheet, #3 Appendix C1 - NuVasive's Patent Local Rule 4.2(d)(2) Summary of Expert Opinions)(Dashe, Christina) (anh).
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Filing 132
MOTION to Strike #125 Amended Counterclaim NuVasive's Motion to Strike and Motion to Dismiss by Nuvasive, Inc.(a Delaware corporation). (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Wendy Devine, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 22, #25 Exhibit 23, #26 Exhibit 24, #27 Exhibit 25)(Devine, Wendy) (anh).
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Filing 131
ORDER granting #130 Joint MOTION Extension of Time. Good cause appearing, the deadline to file a joint motion for determination of discovery dispute regarding NuVasive's supplemental responses to Interrogatories 1-3 and 13 is extended to January 16, 2019. All other dates remain in effect. Signed by Magistrate Judge Mitchell D. Dembin on 11/27/18. (no document attached) (Dembin, Mitchell)
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Filing 130
Joint MOTION Extension of Time by Alphatec Holdings, Inc., Alphatec Spine, Inc.. (Hamilton, Jason) (anh).
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Filing 129
Joint MOTION for Determination of Discovery Dispute Regarding a Protective Order by Nuvasive, Inc.(a Delaware corporation). (Attachments: #1 Declaration of Dashe, #2 Exhibit A to Dashe Decl., #3 Exhibit B to Dashe Decl., #4 Exhibit C to Dashe Decl., #5 Exhibit D to Dashe Decl., #6 Exhibit E to Dashe Decl., #7 Exhibit F to Dashe Decl., #8 Exhibit G to Dashe Decl., #9 Exhibit H to Dashe Decl., #10 Exhibit I to Dashe Decl., #11 Declaration of Hamilton, #12 Exhibit A to Hamilton, #13 Exhibit B to Hamilton, #14 Exhibit C to Hamilton)(Dashe, Christina) (anh).
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Filing 128
ORDER Granting Joint Stipulation for Extension of Time [Doc. No. #127 ]. Signed by Judge Cathy Ann Bencivengo on 11/19/2018. (anh)
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Filing 127
Joint MOTION Extension of Time re #125 Amended Counterclaim by Nuvasive, Inc.. (Dashe, Christina) (anh).
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Filing 126
Minute Order denying as moot Plaintiff's motions to strike and dismiss Defendant's original counterclaims (Doc. No. #120 ). (rmc)
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Filing 125
AMENDED COUNTERCLAIM against Nuvasive, Inc.(a Delaware corporation), filed by Alphatec Holdings, Inc.(a Delaware corporation), Alphatec Spine, Inc.. (Wickramasekera, Nimalka) (anh).
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Filing 124
ORDER RE: ECF No. 122. It has been brought to the Court's attention that a conflict exists between the Amended Scheduling Order #101 and the Court's chambers rules regarding the number of days a party has to bring a discovery dispute before the Court. The scheduling order filed August 1, 2018, allows for 45 days versus the Court's Civil Chambers Rule IV.C.2 that allows for 30 days. Accordingly, the Court will extend the deadline to file a joint motion for determination of discovery dispute from December 3, 2018 to December 17, 2018. Signed by Magistrate Judge Mitchell D. Dembin on 11/05/2018.(no document attached) (atk)
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Filing 123
ORDER granting #121 Joint Motion for Extension of Time to File Joint Motion for Determination of Discovery Dispute regarding Nuvasive's Responses to RFP Nos. 20-23, 30-33, 37, and 38. The remnants of this dispute must be filed in a Joint Motion no later than December 6, 2018. Signed by Magistrate Judge Mitchell D. Dembin on 11/5/18. (no document attached) (Dembin, Mitchell)
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Filing 122
ORDER granting in part #119 Joint Motion for Extension of Time to File Joint Motion for Determination of Discovery Dispute regarding Interrogatories 13-15. The Court's Civil Chambers Rules at IV.C.2, require that any disputes regarding written discovery be brought to the Court no later than thirty (30) days after the date upon which the event giving rise to the dispute occurred. For written discovery, the event giving rise to the discoverydispute is the date of service of the response, not the date onwhich counsel reach an impasse in meet and confer efforts. Counsel reference an older version of the Chambers Rules in requesting a 45 day extension from November 2, the date that service of supplemental responses are to be served. The Court will grant an extension only until December 3, 2018. Signed by Magistrate Judge Mitchell D. Dembin on 11/5/18. (no document attached) (Dembin, Mitchell)
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Filing 121
Joint MOTION for Extension of Time by Alphatec Holdings, Inc., Alphatec Spine, Inc.. (Hamilton, Jason) (anh).
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Filing 120
MOTION to Strike #114 Answer to Amended Complaint, Counterclaim , MOTION to Supplement , MOTION to Dismiss for Failure to State a Claim by Nuvasive, Inc.. (Attachments: #1 Memo of Points and Authorities ISO Motion to Strike and Motion to Dismiss, #2 Declaration Sara L. Tolbert in Support Thereof, #3 Exhibit 1 ISO Tolbert Decl., #4 Exhibit 2 ISO of Tolbert Decl., #5 Exhibit 3 ISO of Tolbert Decl., #6 Exhibit 4 ISO of Tolbert Decl., #7 Exhibit 5 ISO of Tolbert Decl., #8 Exhibit 6 ISO of Tolbert Decl., #9 Exhibit 7 ISO of Tolbert Decl., #10 Exhibit 8 ISO of Tolbert Decl., #11 Exhibit 9 ISO of Tolbert Decl., #12 Exhibit 10 ISO of Tolbert Decl., #13 Exhibit 11 ISO of Tolbert Decl., #14 Exhibit 12 ISO of Tolbert Decl., #15 Exhibit 13 ISO of Tolbert Decl., #16 Exhibit 14 ISO of Tolbert Decl., #17 Exhibit 15 ISO of Tolbert Decl., #18 Exhibit 16 ISO of Tolbert Decl., #19 Exhibit 17 ISO of Tolbert Decl., #20 Exhibit 18 ISO of Tolbert Decl., #21 Exhibit 19 ISO of Tolbert Decl., #22 Exhibit 20 ISO of Tolbert Decl., #23 Exhibit 21 ISO of Tolbert Decl., #24 Exhibit 22 ISO of Tolbert Decl., #25 Exhibit 23 ISO of Tolbert Decl., #26 Exhibit 24 ISO of Tolbert Decl., #27 Exhibit 25 ISO of Tolbert Decl., #28 Exhibit 26 ISO of Tolbert Decl.)(Devine, Wendy) (anh).
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Filing 119
Joint MOTION for Extension of Time by Alphatec Holdings, Inc., Alphatec Spine, Inc.. (Hamilton, Jason) (anh).
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Filing 118
ORDER granting #116 Joint Motion for Extension of Time to File Joint Motion for Determination of Discovery Dispute. Good cause appearing, the parties may bring whatever is left of the dispute regarding NuVasives responses toInterrogatory Nos. 1-4, 8, 10, and 11, and RFP Nos. 10 and 13 to the Court no later than December 6, 2018. All other dates remain in force. Signed by Magistrate Judge Mitchell D. Dembin on 10/22/18. (no document attached) (Dembin, Mitchell)
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Filing 117
Joint MOTION for Determination of Discovery Dispute by Alphatec Holdings, Inc., Alphatec Spine, Inc.. (Attachments: #1 Declaration of Jason C. Hamilton, #2 Declaration of Christina Dashe, #3 Exhibit A of Dashe Declaration, #4 Declaration of John English)(Hamilton, Jason) (anh).
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Filing 116
Joint MOTION for Extension of Time by Alphatec Holdings, Inc., Alphatec Spine, Inc.. (Hamilton, Jason) (anh).
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Filing 115
ORDER granting #113 Joint Motion For Extension of Time. The Court finds good cause to extend the discovery dispute deadline regarding the supplemental Response to Interrogatory No. 3 from October 15, 2018 to November 29, 2018. Signed by Magistrate Judge Mitchell Dembin. (no document attached) (atk)
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Filing 114
ANSWER to #110 Amended Complaint,,,, Affirmative Defenses and, COUNTERCLAIM against Nuvasive, Inc. by Alphatec Spine, Inc., Alphatec Holdings, Inc..(Wickramasekera, Nimalka) (anh).
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Filing 113
Joint MOTION Extension of Time by Nuvasive, Inc.. (Dashe, Christina) (anh).
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Filing 112
ORDER granting #111 Joint Motion for Extension of Time to File Discovery Motion. The parties' motion to extend by 45 days the deadline to file a joint motion with respect to the anticipated supplemental Privilege Log to be served by Defendant is GRANTED. The deadline is extended from October 4, 2018 to November 9, 2018. Signed by Magistrate Judge Mitchell D. Dembin on 9/20/18. (no document attached) (Dembin, Mitchell)
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Filing 111
Joint MOTION and Stipulation for Extension of Time by Nuvasive, Inc.. (Dashe, Christina) (anh).
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Filing 110
AMENDED COMPLAINT with Jury Demand against Alphatec Holdings, Inc., Alphatec Spine, Inc., filed by Nuvasive, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit AB, #29 Exhibit AC, #30 Exhibit AD, #31 Exhibit AE, #32 Exhibit AF, #33 Exhibit AG, #34 Exhibit AH, #35 Exhibit AI, #36 Exhibit AJ, #37 Exhibit AK, #38 Exhibit AL, #39 Exhibit AM, #40 Exhibit AN, #41 Exhibit AO, #42 Exhibit AP, #43 Exhibit AQ, #44 Exhibit AR, #45 Exhibit AS, #46 Exhibit AT, #47 Exhibit AU, #48 Exhibit AV, #49 Exhibit AW, #50 Exhibit AX) (Tripodi, Paul) (anh).
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Filing 109
ORDER Granting Joint Stipulation Granting Leave for Plaintiff to File a First Amended Complaint; Amended Case Management Order [Doc. No. #107 ]. Signed by Judge Cathy Ann Bencivengo on 9/12/2018. (anh)
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Filing 108
SUPPLEMENTAL DOCUMENT by Nuvasive, Inc. re #107 Joint MOTION and Stipulation Granting Leave for Plaintiff to File a First Amended Complaint . (Attachments: #1 Exhibit A to First Amended Complaint, #2 Exhibit B to First Amended Complaint, #3 Exhibit C to First Amended Complaint, #4 Exhibit D to First Amended Complaint, #5 Exhibit E to First Amended Complaint, #6 Exhibit F to First Amended Complaint, #7 Exhibit G to First Amended Complaint, #8 Exhibit H to First Amended Complaint, #9 Exhibit I to First Amended Complaint, #10 Exhibit J to First Amended Complaint, #11 Exhibit K to First Amended Complaint, #12 Exhibit L to First Amended Complaint, #13 Exhibit M to First Amended Complaint, #14 Exhibit N to First Amended Complaint, #15 Exhibit O to First Amended Complaint, #16 Exhibit P to First Amended Complaint, #17 Exhibit Q to First Amended Complaint, #18 Exhibit R to First Amended Complaint, #19 Exhibit S to First Amended Complaint, #20 Exhibit T to First Amended Complaint, #21 Exhibit U to First Amended Complaint, #22 Exhibit V to First Amended Complaint, #23 Exhibit W to First Amended Complaint, #24 Exhibit X to First Amended Complaint, #25 Exhibit Y to First Amended Complaint, #26 Exhibit Z to First Amended Complaint, #27 Exhibit AA to First Amended Complaint, #28 Exhibit AB to First Amended Complaint, #29 Exhibit AC to First Amended Complaint, #30 Exhibit AD to First Amended Complaint, #31 Exhibit AE to First Amended Complaint, #32 Exhibit AF to First Amended Complaint, #33 Exhibit AG to First Amended Complaint, #34 Exhibit AH to First Amended Complaint, #35 Exhibit AI to First Amended Complaint, #36 Exhibit AJ to First Amended Complaint, #37 Exhibit AK to First Amended Complaint, #38 Exhibit AL to First Amended Complaint, #39 Exhibit AM to First Amended Complaint, #40 Exhibit AN to First Amended Complaint, #41 Exhibit AO to First Amended Complaint, #42 Exhibit AP to First Amended Complaint, #43 Exhibit AQ to First Amended Complaint, #44 Exhibit AR to First Amended Complaint, #45 Exhibit AS to First Amended Complaint, #46 Exhibit AT to First Amended Complaint, #47 Exhibit AU to First Amended Complaint, #48 Exhibit AV to First Amended Complaint, #49 Exhibit AW to First Amended Complaint, #50 Exhibit AX to First Amended Complaint)(Tripodi, Paul) (anh).
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Filing 107
Joint MOTION and Stipulation Granting Leave for Plaintiff to File a First Amended Complaint by Nuvasive, Inc.. (Attachments: #1 Exhibit 1 to Stipulation, #2 Exhibit 2 to Stipulation (Amended Complaint REDLINED), #3 Exhibit 3 to Stipulation (Amended Complaint CLEAN), #4 Exhibit Exhibits A - AX to Amended Complaint OMITTED)(Tripodi, Paul) (anh).
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Filing 106
NOTICE NuVasive's Notice of Service of Infringement Contentions on Defendants on June 29, 2018 by Nuvasive, Inc. (Tripodi, Paul) (anh).
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Filing 105
ORDER Overruling Objections to Determination of Discovery Dispute [Doc. No #93 ]. Signed by Judge Cathy Ann Bencivengo on 8/7/2018. (anh)
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Filing 104
REPLY - Other re #99 Response - Other, #93 MOTION Reply in support of NuVasive's Objections to Determination of Discovery Dispute (Doc. No. 88) filed by Nuvasive, Inc. (Attachments: #1 Declaration of Sara Tolbert, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Morgan, Natalie) (acc).
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Filing 103
ORDER on #97 Joint Motion for Determination of Discovery Dispute. Plaintiffs motion to compel further responses to Interrogatories 3 and 6, as presented in this Joint Motion, is GRANTED IN PART AND DENIED IN PART. Defendants must supplement their response, providing a reasonable statement of the details regarding the circumstances of the sales and offers for sale of accused components to the identified surgeons. Defendants also may use the option provided under Rule 33(d), Fed. R. Civ. P., if applicable. The further response must be served 30 days of this Order, absent a contrary agreement of the parties or further Order of the Court.. Signed by Magistrate Judge Mitchell D. Dembin on 8/3/18. (Dembin, Mitchell)
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Filing 102
ORDER granting #95 Joint MOTION and Stipulation for Extension of Time to File Joint Motion for Determination of Discovery Dispute. Good cause appearing, the parties may bring the identified dispute before the Court by Joint Motion filed no later than August 27, 2018. Signed by Magistrate Judge Mitchell D. Dembin on 8/3/18. (no document attached) (Dembin, Mitchell)
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Filing 101
AMENDED Case Management Order Regulating Discovery and Other Pretrial Proceedings in a Patent Case: Final Pretrial Conference reset for 10/28/2019 02:30 PM before Judge Cathy Ann Bencivengo. Jury Trial set for 12/9/2019 08:45 AM before Judge Cathy Ann Bencivengo. Signed by Magistrate Judge Mitchell D. Dembin on 8/1/2018.(acc)
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Filing 100
SCHEDULING ORDER: Mandatory Settlement Conference set for 9/9/2019 09:30 AM before Magistrate Judge Mitchell D. Dembin. Proposed Pretrial Order due by 10/18/2019. Final Pretrial Conference set for 10/25/2019 02:30 PM before Judge Cathy Ann Bencivengo. Signed by Magistrate Judge Mitchell D. Dembin on 8/1/2018.(acc)
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Filing 99
RESPONSE re #93 MOTION - Alphatec's Response to Nuvasive, Inc.'s Objections to Determination of Discovery Dispute filed by Alphatec Holdings, Inc., Alphatec Spine, Inc. (Wickramasekera, Nimalka) (acc).
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Filing 97
Joint MOTION for Determination of Discovery Dispute by Nuvasive, Inc.. (Attachments: #1 Declaration of Christina Dashe, #2 Declaration of Jason C. Hamilton, #3 Exhibit A to Hamilton Decl., #4 Exhibit B to Hamilton Decl.)(Dashe, Christina) (anh).
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Filing 96
*** FILED AS SEALED DOCUMENT ON 7/11/18 *** SEALED LODGED Proposed Document re: #71 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (Dashe, Christina) Modified on 7/13/2018 (dlg).
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Filing 95
Joint MOTION and Stipulation for Extension of Time by Nuvasive, Inc.. (Dashe, Christina) (anh).
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Filing 94
ORDER Denying Motion for Preliminary Injunction [Doc. No. #37 ]. Signed by Judge Cathy Ann Bencivengo on 7/10/2018. (anh)
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Filing 93
OBJECTION by Nuvasive, Inc. re #88 Order on Motion for Miscellaneous (Other 1),, NuVasive's Objections to Determination of Discovery Dispute (Doc. No. 88). (Attachments: #1 Memo of Points and Authorities)(Dashe, Christina) (anh).
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Filing 92
Minute Entry for proceedings held before Magistrate Judge Mitchell D. Dembin: An Early Neutral Evaluation/Case Management Conference was held on 7/6/2018. No settlement. Scheduling order to issue.(Plaintiff Attorneys: Paul Tripodi, Wendy Devine, Natalie Morgan, Christina Dashe). (Defendant Attorney: Nimalka Wickramsekera). (no document attached) (atk)
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Filing 91
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 6/21/2018, before Judge Cathy Ann Bencivengo. Court Reporter/Transcriber: Mauralee Ramirez. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 7/20/2018. Redacted Transcript Deadline set for 7/30/2018. Release of Transcript Restriction set for 9/27/2018. (akr)
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Filing 90
ORDER granting #89 Joint Motion for Extension of Time to File Joint Motion for Determination of Discovery Dispute. Good cause appearing, the time within which the parties may file a Joint Motion for Determination of Discovery Dispute regarding the identified dispute regarding documents from Ms. Howell, is extended to August 6, 2018. Signed by Magistrate Judge Mitchell D. Dembin on 6/27/18. (no document attached) (Dembin, Mitchell)
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Filing 89
Joint MOTION for Extension of Time to Complete Discovery by Nuvasive, Inc.. (Devine, Wendy) (anh).
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Filing 88
ORDER on #60 Joint Motion for Determination of Discovery Dispute. Defendants objections to Interrogatories 4 and 5 are SUSTAINED. Regarding RFPs 7, 8, 25 and 28, Defendants must produce the documents that they have agreed to produce within 14 days of this Order, absent a contrary agreement of the parties or further Order of the Court. Defendants partial objection to RFP 28 is SUSTAINED. Defendants objections to RFPs 35-40 are SUSTAINED. Signed by Magistrate Judge Mitchell D. Dembin on 6/22/18. (Dembin, Mitchell)
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Filing 87
Minute Order for proceedings held before Judge Cathy Ann Bencivengo:Motion Hearing held on 6/21/2018 re #37 MOTION for Preliminary Injunction filed by Nuvasive, Inc. Motion taken under submission by the Court, order to follow. (Court Reporter/ECR Mauralee Ramirez). (Plaintiff Attorney Paul Tripodi, Wendy Devine).(Defendant Attorney Nimalka Wickramasekera, Shilpa Coorg, Stephen Smerek). (no document attached) (lmh)
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Filing 86
Minute Order: Re Argument Topics (jjg)
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Filing 85
RESPONSE re #84 Objection to Defendants' Objections to Evidence Submitted in Reply filed by Nuvasive, Inc.. (Attachments: #1 Declaration of Sara L. Tolbert in Support of Plaintiff's Response to Defendants' Objections to Evidence Submitted in Reply, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9)(Devine, Wendy) (jjg).
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Filing 84
OBJECTION by Alphatec Holdings, Inc., Alphatec Spine, Inc. re #77 Response in Support of Motion,,,,,,,,,,,,,, Objections to Plaintiff's New Evidence Submitted on Reply. (Wickramasekera, Nimalka) (jjg).
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Filing 83
RESPONSE re #78 Objection, in OPPOSITION to NuVasive's Objections filed by Alphatec Holdings, Inc., Alphatec Spine, Inc.. (Attachments: #1 Declaration of Nimalka Wickramasekera, #2 Exhibit A - Deposition Transcript of Dr. Sachs)(Wickramasekera, Nimalka) (jjg).
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Filing 82
ORDER Granting Alphatec Holdings, Inc. and Alphatec Spine, Inc's Approval to Use Electronic Equipment in Courtroom. Signed by Judge Cathy Ann Bencivengo on 6/19/2018. (jjg)
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Filing 81
NOTICE of Errata to Doc No. 77 by Nuvasive, Inc. re #77 Response in Support of Motion,,,,,,,,,,,,,, (Devine, Wendy) (jjg).
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Filing 80
NOTICE OF ERRATA TO DOC. NOS. 49, 49-72, AND 49-115 by Alphatec Holdings, Inc., Alphatec Spine, Inc. re #49 Response in Opposition to Motion,,,,,,,,,,, (Attachments: #1 Exhibit A (Corrected Neels Exhibit 43))(Wickramasekera, Nimalka) (jjg).
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Filing 78
OBJECTION by Nuvasive, Inc. re #49 Response in Opposition to Motion,,,,,,,,,,, NuVasive's Objections to Alphatec's Expert Deposition Testimony and Related Expert Opinions and Request for Ruling. (Attachments: #1 Exhibit A)(Devine, Wendy) (jjg).
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Filing 77
RESPONSE in Support re #37 MOTION for Preliminary Injunction NuVasive's Reply In Support of Its Motion for Prelimiary Injunction filed by Nuvasive, Inc.. (Attachments: #1 Declaration of Wendy Devine, #2 Exhibit H to Devine Decl., #3 Exhibit I to Devine Decl., #4 Exhibit J to Devine Decl., #5 Exhibit K to Devine Decl., #6 Exhibit L to Devine Decl., #7 Exhibit M to Devine Decl., #8 Exhibit N to Devine Decl., #9 Exhibit O to Devine Decl., #10 Exhibit P to Devine Decl., #11 Exhibit Q to Devine Decl., #12 Declaration of Grace Pak, #13 Exhibit 1 to Pak Decl., #14 Exhibit 2 to Pak Decl., #15 Exhibit 3 to Pak Decl., #16 Exhibit 4 to Pak Decl., #17 Exhibit 5 to Pak Decl., #18 Exhibit 6 to Pak Decl., #19 Exhibit 7 to Pak Decl., #20 Exhibit 8 to Pak Decl., #21 Exhibit 9 to Pak Decl., #22 Exhibit 10 to Pak Decl., #23 Exhibit 11 to Pak Decl., #24 Exhibit 12 to Pak Decl., #25 Exhibit 13 to Pak Decl., #26 Exhibit 14 to Pak Decl., #27 Exhibit 15 to Pak Decl., #28 Exhibit 16 to Pak Decl., #29 Exhibit 17 to Pak Decl., #30 Exhibit 18 to Pak Decl., #31 Exhibit 19 to Pak Decl., #32 Exhibit 20 to Pak Decl., #33 Declaration of Blake Inglish, #34 Exhibit 3 to Inglish Decl., #35 Exhibit 4 to Inglish Decl., #36 Exhibit 5 to Inglish Decl., #37 Exhibit 6 to Inglish Decl., #38 Exhibit 7 to Inglish Decl., #39 Exhibit 8 to Inglish Decl., #40 Exhibit 9 to Inglish Decl., #41 Exhibit 10 to Inglish Decl., #42 Exhibit 11 to Inglish Decl., #43 Exhibit 12 to Inglish Decl., #44 Exhibit 13 to Inglish Decl., #45 Exhibit 14 to Inglish Decl., #46 Exhibit 15 to Inglish Decl., #47 Exhibit 16 to Inglish Decl., #48 Exhibit 17 to Inglish Decl., #49 Exhibit 18 to Inglish Decl., #50 Exhibit 19 to Inglish Decl., #51 Exhibit 20 to Inglish Decl., #52 Declaration of Matthew Link, #53 Exhibit 32 to Link Decl., #54 Exhibit 33 to Link Decl., #55 Exhibit 34 to Link Decl., #56 Declaration of Jim Youssef, #57 Exhibit X to Youssef Decl., #58 Exhibit Y to Youssef Decl., #59 Exhibit Z to Youssef Decl., #60 Exhibit AA to Youssef Decl., #61 Exhibit AB to Youssef Decl., #62 Exhibit AC to Youssef Decl., #63 Exhibit AD to Youssef Decl., #64 Exhibit AE to Youssef Decl., #65 Exhibit AF to Youssef Decl., #66 Exhibit AG to Youssef Decl., #67 Exhibit AH to Youssef Decl., #68 Exhibit AI to Youssef Decl., #69 Exhibit AJ to Youssef Decl., #70 Exhibit AK to Youssef Decl., #71 Exhibit AL to Youssef Decl., #72 Exhibit AM to Youssef Decl., #73 Exhibit AN to Youssef Decl., #74 Exhibit AO to Youssef Decl., #75 Exhibit AP to Youssef Decl., #76 Exhibit AQ to Youssef Decl., #77 Exhibit AR to Youssef Decl., #78 Exhibit AS to Youssef Decl., #79 Exhibit AT to Youssef Decl., #80 Exhibit AU to Youssef Decl., #81 Exhibit AV to Youssef Decl., #82 Exhibit AW to Youssef Decl., #83 Exhibit AX to Youssef Decl., #84 Exhibit AY to Youssef Decl., #85 Exhibit AZ to Youssef Decl., #86 Exhibit BA to Youssef Decl., #87 Exhibit BB to Youssef Decl., #88 Exhibit BC to Youssef Decl., #89 Exhibit BD to Youssef Decl., #90 Exhibit BE to Youssef Decl., #91 Exhibit BF to Youssef Decl., #92 Exhibit BG to Youssef Decl., #93 Exhibit BH to Youssef Decl., #94 Appendix G to Youssef Decl., #95 Appendix H to Youssef Decl., #96 Appendix I to Youssef Decl., #97 Appendix J to Youssef Decl., #98 Appendix K to Youssef Decl., #99 Appendix L to Youssef Decl., #100 Notice of Lodgment)(Tripodi, Paul)(jjg).
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Filing 76
SEALED LODGED Proposed Document re: #62 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Tripodi, Paul) (jjg).
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Filing 75
JOINT DISCOVERY PLAN by Nuvasive, Inc. Joint Discovery Plan Pursuant to Fed. R. Civ. P. 26(f) (Tripodi, Paul) (jjg).
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Filing 74
ORDER Granting Alphatec Holdings, Inc. and Alphatec Spine, Inc.'s Motion for Leave to File Interrogatory Responses Under Seal [Doc. No. #71 ]. Signed by Judge Cathy Ann Bencivengo on 6/13/2018. (jjg)
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Filing 73
MINUTE ORDER by Judge Cathy Ann Bencivengo granting [ECF No. 72] Motion for Leave to File Excess Pages: Plaintiff's reply in support of its motion for a preliminary injunction may not exceed 16 pages. It is SO ORDERED. (no document attached) (axm)
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Filing 72
MOTION for Leave to File Excess Pages [Unopposed] Motion for Leave to Exceed Local Rule 7.1(h) Page Limit in Filing Reply ISO NuVasive's Motion for Preliminary Injunction by Nuvasive, Inc.. (Morgan, Natalie) (jjg).
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Filing 71
MOTION to File Documents Under Seal (With attachments)(Wickramasekera, Nimalka) (jjg).
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Filing 70
MINUTE ORDER granting #69 Motion for Reconsideration. Entered by Magistrate Judge Mitchell D. Dembin on 6/12/2018. (no document attached) (dls)
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Filing 69
MOTION for Reconsideration re 65 Order on Motion for Miscellaneous (Other 1),, by Nuvasive, Inc.. (Attachments: #1 Declaration of Natalie Morgan)(Morgan, Natalie) (jjg).
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Filing 68
NOTICE of 26(F) Conference Between the Parties Held on April 4, 2018 by Nuvasive, Inc. (Morgan, Natalie)Attorney Natalie Jordana Morgan added to party Nuvasive, Inc.(pty:cd), Attorney Natalie Jordana Morgan added to party Nuvasive, Inc.(pty:pla) (jjg).
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Filing 67
NuVasive's Answer to Counterclaims ANSWER to #55 Answer to Complaint, Counterclaim by Nuvasive, Inc..(Tripodi, Paul) (jjg).
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Filing 66
ORDER Granting Motions to File Under Seal [Doc. Nos. #62 , #63 ]. Signed by Judge Cathy Ann Bencivengo on 6/11/2018. (jjg)
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Filing 65
ORDER denying without prejudice #60 Joint Motion for Determination of Discovery Dispute. The docket does not reflect that the parties have had their required Rule 26(f) conference, which opens discovery. No Joint Discovery Plan has been filed. Nor is there an Order allowing for early discovery under Rule 26(d)(1). Under Rule 26(d)(2), only Rule 34 requests for production may be served in advance of the Rule 26(f) conference and, in any event, are deemed served as of the date of the conference. Accordingly, as discovery is not open, there is no discovery dispute at this time for the Court to resolve. Signed by Magistrate Judge Mitchell D. Dembin on 6/8/18. (no document attached) (Dembin, Mitchell)
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Filing 64
ORDER denying without prejudice #59 Joint MOTION and Stipulation for Extension of Time. By this Joint Motion, the parties seek an extension of the Court's Chambers Rule requiring that discovery disputes be brought to the Court no later than 30 days after the dispute arises. The docket does not reflect that the parties have had their required Rule 26(f) conference, which opens discovery. No Joint Discovery Plan has been filed. Nor is there an Order allowing for early discovery under Rule 26(d)(1). Under Rule 26(d)(2), only Rule 34 requests for production may be served in advance of the Rule 26(f) conference and, in any event, are deemed served as of the date of the conference. Accordingly, as discovery is not open, there cannot be a discovery dispute deadline to extend. Signed by Magistrate Judge Mitchell D. Dembin on 6/8/18. (no document attached) (Dembin, Mitchell)
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Filing 63
MOTION to File Documents Under Seal (With attachments)(Wickramasekera, Nimalka) (jjg).
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Filing 62
MOTION to File Documents Under Seal (Dashe, Christina) QC mailer sent re missing sealed proposed documents (jjg).
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Filing 61
ORDER Scheduling Early Neutral Evaluation Conference (Patent). Signed by Magistrate Judge Mitchell D. Dembin on 6/6/2018. (jjg)
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Filing 60
Joint MOTION for Determination of Discovery Dispute by Nuvasive, Inc.. (Attachments: #1 Declaration Declaration of Christina Dashe in Support of Motion for Determination of Discovery Dispute, #2 Exhibit Exhibit A to Dashe Decl., #3 Exhibit Exhibit B to Dashe Decl., #4 Exhibit Exhibit C to Dashe Decl., #5 Exhibit Exhibit D to Dashe Decl., #6 Exhibit Exhibit E to Dashe Decl., #7 Exhibit Exhibit F to Dashe Decl., #8 Declaration Declaration of Jason C. Hamilton in Support of Motion for Determination of Discovery Dispute, #9 Exhibit Exhibit A to Hamilton Decl., #10 Exhibit Exhibit B to Hamilton Decl.)(Dashe, Christina) (jjg). Modified on 6/12/2018 to reinstate motion per ECF Order No. 70 (dls).
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Filing 59
Joint MOTION and Stipulation for Extension of Time by Nuvasive, Inc.. (Dashe, Christina) (jjg).
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Filing 58
NOTICE OF WITHDRAWAL OF DOCUMENT by Nuvasive, Inc. re #56 Ex Parte MOTION to Compel NuVasive's Ex Parte Motion to Compel Non-Party Kelli Howell's Compliance with Subpoena filed by Nuvasive, Inc. . (Dashe, Christina) (jjg).
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Filing 57
NOTICE OF INTENT TO RESPOND by Alphatec Holdings, Inc., Alphatec Spine, Inc. re #56 Ex Parte MOTION to Compel NuVasive's Ex Parte Motion to Compel Non-Party Kelli Howell's Compliance with Subpoena (Attachments: #1 Declaration of Stephen R. Smerek)(Smerek, Stephen) (jjg).
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Filing 56
*WITHDRAWN* Ex Parte MOTION to Compel NuVasive's Ex Parte Motion to Compel Non-Party Kelli Howell's Compliance with Subpoena by Nuvasive, Inc.. (Attachments: #1 Declaration of Christina Dashe, #2 Exhibit A to Dashe Decl., #3 Exhibit B to Dashe Decl., #4 Exhibit C to Dashe Decl., #5 Exhibit D to Dashe Decl., #6 Exhibit E to Dashe Decl.)(Dashe, Christina) (jjg). Modified on 6/4/2018 to withdraw (jjg).
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Filing 55
ANSWER to #1 Complaint,,, with Jury Demand , COUNTERCLAIM against Nuvasive, Inc. by Alphatec Spine, Inc., Alphatec Holdings, Inc..(Wickramasekera, Nimalka) (jjg).
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Filing 54
NOTICE OF WITHDRAWAL OF DOCUMENT by Alphatec Spine, Inc., Alphatec Holdings, Inc. re #48 Reply to Response to Motion, filed by Alphatec Holdings, Inc., Alphatec Spine, Inc. . (Wickramasekera, Nimalka) (jjg).
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Filing 52
NOTICE Of Errata to Doc. No. 49-5: Declaration of Barton L. Sachs, M.D., M.B.A., F.A.C.P.E., F.A.C.H.E. In Support of Defendants' Opposition to Plaintiff's Motion for Preliminary Injunction by Alphatec Holdings, Inc., Alphatec Spine, Inc. re #49 Response in Opposition to Motion (Attachments: #1 Appendix A, #2 Appendix B, #3 Appendix C, #4 Appendix D, #5 Appendix E, #6 Appendix F)(Wickramasekera, Nimalka) (jjg).
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Filing 51
CERTIFICATE OF SERVICE by Alphatec Holdings, Inc., Alphatec Spine, Inc. re #49 Response in Opposition to Motion (Wickramasekera, Nimalka) (jjg).
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Filing 50
[FILED AS SEALED DOCUMENT ON 5/18/2018] - SEALED LODGED Proposed Document re: #42 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Wickramasekera, Nimalka)(mxn). (Main Document 50 replaced on 5/18/2018) (mxn). Modified on 5/18/2018 to add file date of lodgment (mxn).
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Filing 49
RESPONSE in Opposition re #37 MOTION for Preliminary Injunction filed by Alphatec Holdings, Inc., Alphatec Spine, Inc.. (Attachments: #1 Declaration of Kelli Howell, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Declaration of Barton Sachs, #6 Exhibit 1, #7 Exhibit 2, #8 Exhibit 3, #9 Exhibit 4, #10 Exhibit 5, #11 Exhibit 6part1, #12 Exhibit 6part2, #13 Exhibit 6part3, #14 Exhibit 7, #15 Exhibit 8, #16 Exhibit 9, #17 Exhibit 10, #18 Exhibit 11, #19 Exhibit 12, #20 Exhibit 13, #21 Exhibit 14, #22 Exhibit 15, #23 Exhibit 16, #24 Exhibit 17, #25 Exhibit 18, #26 Exhibit 19, #27 Exhibit 20, #28 Exhibit 21, #29 Exhibit 22, #30 Exhibit 23, #31 Exhibit 24, #32 Exhibit 25, #33 Exhibit 26, #34 Exhibit 27, #35 Exhibit 28, #36 Exhibit 29, #37 Exhibit 30, #38 Exhibit 31, #39 Exhibit 32, #40 Exhibit 33, #41 Exhibit 34, #42 Exhibit 35, #43 Exhibit 36, #44 Exhibit 37, #45 Exhibit 38, #46 Exhibit 39, #47 Exhibit 40, #48 Exhibit 41, #49 Exhibit 42, #50 Exhibit 43, #51 Exhibit 44, #52 Exhibit 45, #53 Exhibit 46, #54 Exhibit 47, #55 Exhibit 48, #56 Exhibit 49, #57 Exhibit 50, #58 Exhibit 51, #59 Exhibit 52, #60 Exhibit 53, #61 Exhibit 54, #62 Exhibit 55, #63 Exhibit 56, #64 Exhibit 57, #65 Exhibit 58, #66 Exhibit 59, #67 Exhibit 60, #68 Exhibit 61, #69 Exhibit 62, #70 Exhibit 63, #71 Exhibit 64, #72 Declaration of Kevin Neels Ph.D, #73 Exhibit 1, #74 Exhibit 2, #75 Exhibit 3, #76 Exhibit 4, #77 Exhibit 5, #78 Exhibit 6, #79 Exhibit 7, #80 Exhibit 8, #81 Exhibit 9, #82 Exhibit 10, #83 Exhibit 11, #84 Exhibit 12, #85 Exhibit 13, #86 Exhibit 14, #87 Exhibit 15, #88 Exhibit 16, #89 Exhibit 17, #90 Exhibit 18, #91 Exhibit 19, #92 Exhibit 20, #93 Exhibit 21, #94 Exhibit 22, #95 Exhibit 23, #96 Exhibit 24, #97 Exhibit 25, #98 Exhibit 26, #99 Exhibit 27, #100 Exhibit 28, #101 Exhibit 29, #102 Exhibit 30, #103 Exhibit 31, #104 Exhibit 32, #105 Exhibit 33, #106 Exhibit 34, #107 Exhibit 35, #108 Exhibit 36, #109 Exhibit 37, #110 Exhibit 38, #111 Exhibit 39, #112 Exhibit 40, #113 Exhibit 41, #114 Exhibit 42, #115 Exhibit 43, #116 Exhibit 44, #117 Exhibit 45, #118 Exhibit 46, #119 Exhibit 47, #120 Exhibit 48, #121 Exhibit 49, #122 Exhibit 50, #123 Exhibit 51, #124 Exhibit 52, #125 Exhibit 53, #126 Exhibit 54, #127 Exhibit 55, #128 Exhibit 56, #129 Exhibit 57, #130 Exhibit 58, #131 Exhibit 59, #132 Exhibit 60, #133 Exhibit 61, #134 Exhibit 62, #135 Exhibit 63, #136 Exhibit 64, #137 Exhibit 65, #138 Exhibit 66, #139 Exhibit 67, #140 Exhibit 68, #141 Appendix A)(Wickramasekera, Nimalka) (jjg).
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Filing 48
*WITHDRAWN* REPLY to Response to Motion re #37 MOTION for Preliminary Injunction filed by Alphatec Holdings, Inc., Alphatec Spine, Inc.. (Attachments: #1 Declaration of Barton Sachs, #2 Declaration Kevin Neels, #3 Declaration of Kelli Howell)(Wickramasekera, Nimalka) (jpp). Modified on 5/21/2018 to withdraw (jjg).
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Filing 47
NOTICE of Appearance by Shilpa Ananth Coorg on behalf of Alphatec Holdings, Inc., Alphatec Spine, Inc. (Coorg, Shilpa)Attorney Shilpa Ananth Coorg added to party Alphatec Holdings, Inc.(pty:dft), Attorney Shilpa Ananth Coorg added to party Alphatec Spine, Inc.(pty:dft) (jjg).
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Filing 46
ORDER Granting Motion to File Under Seal [Doc. No. #42 ]. Signed by Judge Cathy Ann Bencivengo on 5/14/2018. (jjg)
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Filing 45
ORDER Re Motion to Dismiss Counts VII and VII [Doc. No. #32 ]. Signed by Judge Cathy Ann Bencivengo on 5/14/2018. (jjg) (Main Document 45 replaced on 5/15/2018) (jjg).
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Filing 44
SEALED LODGED Proposed Document re: #42 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Tripodi, Paul) (jjg).
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Filing 43
SEALED LODGED Proposed Document re: #42 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Tripodi, Paul) (jjg).
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Filing 42
MOTION to File Documents Under Seal (With attachments)(Tripodi, Paul) (jjg).
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Filing 41
NOTICE of Appearance by Jason Craig Hamilton on behalf of Alphatec Holdings, Inc., Alphatec Spine, Inc. (Hamilton, Jason)Attorney Jason Craig Hamilton added to party Alphatec Holdings, Inc.(pty:dft), Attorney Jason Craig Hamilton added to party Alphatec Spine, Inc.(pty:dft) (jjg).
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Filing 40
ORDER Granting Motion to Extend Briefing Schedule [Doc. No. #39 ]. Signed by Judge Cathy Ann Bencivengo on 4/16/2018. (jjg)
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Filing 39
Joint MOTION for Extension of Time to File Joint Motion and Stipulation to Extend the Briefing Schedule for NuVasive's Motion for Preliminary Injunction by Nuvasive, Inc.. (Tripodi, Paul)(mxn).
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Filing 37
MOTION for Preliminary Injunction by Nuvasive, Inc.. (Attachments: #1 Memo of Points and Authorities (REDACTED), #2 Declaration of Wendy L. Devine, #3 Exhibit A to Devine Decl., #4 Exhibit B to Devine Decl., #5 Exhibit C to Deine Decl., #6 Exhibit D to Devine Decl., #7 Exhibit E to Devine Decl., #8 Exhibit F to Devine Decl., #9 Exhibit G to Devine Decl., #10 Declaration of Blake B. Inglish (REDACTED), #11 Exhibit 1 to Inglish Decl., #12 Exhibit 2 to Inglish Decl., #13 Declaration of Matthew Link (REDACTED), #14 Exhibit 1 to Link Decl., #15 Exhibit 2 to Link Decl., #16 Exhibit 3 to Link Decl., #17 Exhibit 4 to Link Decl., #18 Exhibit 5 to Link Decl., #19 Exhibit 6 to Link Decl., #20 Exhibit 7 to Link Decl., #21 Exhibit 8 to Link Decl., #22 Exhibit 9 to Link Decl., #23 Exhibit 10 to Link Decl., #24 Exhibit 11 to Link Decl., #25 Exhibit 12 to Link Decl., #26 Exhibit 13 to Link Decl., #27 Exhibit 14 to Link Decl., #28 Exhibit 15 to Link Decl., #29 Exhibit 16 to Link Decl., #30 Exhibit 17 to Link Decl., #31 Exhibit 18 to Link Decl., #32 Exhibit 19 to Link Decl., #33 Exhibit 20 to Link Decl., #34 Exhibit 21 to Link Decl., #35 Exhibit 22 to Link Decl., #36 Exhibit 23 to Link Decl., #37 Exhibit 24 to Link Decl., #38 Exhibit 25 to Link Decl., #39 Exhibit 26 to Link Decl., #40 Exhibit 27 to Link Decl., #41 Exhibit 28 to Link Decl., #42 Exhibit 29 to Link Decl., #43 Exhibit 30 to Link Decl., #44 Exhibit 31 to Link Decl., #45 Declaration of Jim A. Youssef, #46 Exhibit A to Youssef Decl., #47 Exhibit B to Youssef Decl., #48 Exhibit C to Youssef Decl., #49 Exhibit D to Youssef Decl., #50 Exhibit E to Youssef Decl., #51 Exhibit F to Youssef Decl., #52 Exhibit G to Youssef Decl., #53 Exhibit H to Youssef Decl., #54 Exhibit I to Youssef Decl., #55 Exhibit J to Youssef Decl., #56 Exhibit K to Youssef Decl., #57 Exhibit L to Youssef Decl., #58 Exhibit M to Youssef Decl., #59 Exhibit N to Youssef Decl., #60 Exhibit O to Youssef Decl., #61 Exhibit P to Youssef Decl., #62 Exhibit Q to Youssef Decl., #63 Exhibit R to Youssef Decl., #64 Exhibit S to Youssef Decl., #65 Exhibit T to Youssef Decl., #66 Exhibit U to Youssef Decl., #67 Exhibit V of Youssef Decl., #68 Exhibit W to Youssef Decl., #69 Appendix A to Youssef Decl., #70 Appendix B to Youssef Decl., #71 Appendix C to Youssef Decl., #72 Appendix D to Youssef Decl., #73 Appendix E to Youssef Decl., #74 Appendix F to Youssef Decl.)(Tripodi, Paul) (jjg).
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Filing 36
REPLY to Response to Motion re #20 MOTION to Dismiss for Failure to State a Claim filed by Alphatec Holdings, Inc., Alphatec Spine, Inc.. (Wickramasekera, Nimalka) (jjg).
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Filing 35
ORDER Granting Motion to File Under Seal [Doc. No. #33 ]. Signed by Judge Cathy Ann Bencivengo on 4/5/2018. (jjg)
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Filing 34
[Filed as Sealed Document 38 on 4/5/2018] SEALED LODGED Proposed Document re: #33 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Tripodi, Paul) (jjg). Modified on 4/6/2018 to file as sealed (jjg). (Main Document 34 replaced on 4/6/2018) (jjg).
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Filing 33
MOTION to File Documents Under Seal (With attachments)(Tripodi, Paul) (jjg).
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Filing 32
RESPONSE in Opposition re #20 MOTION to Dismiss for Failure to State a Claim filed by Nuvasive, Inc.. (Tripodi, Paul) (jjg).
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Filing 31
ORDER Denying Without Prejudice Motion to File Under Seal and Motion for Preliminary Injuction. Signed by Judge Cathy Ann Bencivengo on 3/27/2018. (jjg)
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Filing 30
NOTICE of Appearance by Sara L. Tolbert on behalf of Nuvasive, Inc. (Tolbert, Sara)Attorney Sara L. Tolbert added to party Nuvasive, Inc.(pty:pla) (jjg).
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Filing 29
NOTICE of Appearance by Grace J. Pak on behalf of Nuvasive, Inc. (Pak, Grace)Attorney Grace J. Pak added to party Nuvasive, Inc.(pty:pla) (jjg).
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Filing 28
NOTICE of Appearance by Christina Elizabeth Dashe on behalf of Nuvasive, Inc. (Dashe, Christina)Attorney Christina Elizabeth Dashe added to party Nuvasive, Inc.(pty:pla) (jjg).
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Filing 27
MOTION for Preliminary Injunction by Nuvasive, Inc.. (Attachments: #1 Memo of Points and Authorities (REDACTED), #2 Declaration of Wendy Devine, #3 Exhibit A, #4 Exhibit B (FUS), #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Declaration of Blake Inglish (REDACTED), #11 Exhibit 1, #12 Exhibit 2, #13 Declaration of Matthew Link (REDACTED), #14 Exhibit 1, #15 Exhibit 2, #16 Exhibit 3, #17 Exhibit 4, #18 Exhibit 5, #19 Exhibit 6, #20 Exhibit 7, #21 Exhibit 8, #22 Exhibit 9, #23 Exhibit 10, #24 Exhibit 11, #25 Exhibit 12, #26 Exhibit 13, #27 Exhibit 14, #28 Exhibit 15, #29 Exhibit 16, #30 Exhibit 17, #31 Exhibit 18, #32 Exhibit 19, #33 Exhibit 20, #34 Exhibit 21, #35 Exhibit 22, #36 Exhibit 23, #37 Exhibit 24, #38 Exhibit 25, #39 Exhibit 26, #40 Exhibit 27, #41 Exhibit 28, #42 Exhibit 29, #43 Exhibit 30, #44 Exhibit 31 (FUS), #45 Declaration of Jim A. Youssef, #46 Exhibit A, #47 Exhibit B, #48 Exhibit C, #49 Exhibit D, #50 Exhibit E, #51 Exhibit F, #52 Exhibit G, #53 Exhibit H, #54 Exhibit I, #55 Exhibit J, #56 Exhibit K, #57 Exhibit L, #58 Exhibit M, #59 Exhibit N, #60 Exhibit O, #61 Exhibit P, #62 Exhibit Q, #63 Exhibit R, #64 Exhibit S, #65 Exhibit T, #66 Exhibit U, #67 Exhibit V, #68 Exhibit W, #69 Appendix A, #70 Appendix B, #71 Appendix C, #72 Appendix D, #73 Appendix E, #74 Appendix F)(Tripodi, Paul) (jjg).
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Filing 26
SEALED LODGED Proposed Document re: #25 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Tripodi, Paul) (jjg).
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Filing 25
MOTION to File Documents Under Seal (With attachments)(Tripodi, Paul) (jjg).
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Filing 24
Minute Order: In light of the pending motion to dismiss, default should not have been entered against Defendants. Accordingly, the Clerk's entry of default is VACATED. The date for Defendants' further response to the complaint will be set in the Court's order concerning the pending motion to dismiss. (jjg)
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Filing 23
RESPONSE re #21 Request for Entry of Clerk Default Response filed by Alphatec Holdings, Inc., Alphatec Spine, Inc.. (Attachments: #1 Exhibit A)(Wickramasekera, Nimalka) (jjg).
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Filing 22
Clerk's ENTRY OF DEFAULT as to Alphatec Holdings, Inc., Alphatec Spine, Inc. (jjg)
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Filing 21
Request for Entry of Clerk Default against Alphatec Holdings, Inc. and Alphatec Spine, Inc.. (Attachments: #1 Declaration of Paul D. Tripodi II, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Tripodi, Paul) (jjg).
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Filing 20
MOTION to Dismiss for Failure to State a Claim by Alphatec Holdings, Inc., Alphatec Spine, Inc.. (Attachments: #1 Declaration Declaration of Nimalka R. Wickramasekera in Support of Defendants Motion To Dismiss Counts VII and VIII of the Complaint, #2 Exhibit A to The Declaration of Nimalka Wickramasekera In Support of Defendants' Motion To Dismiss Counts VII and VIII of the Complaint, #3 Exhibit B to The Declaration of Nimalka Wickramasekera In Support of Defendants' Motion To Dismiss Counts VII and VIII of the Complaint)(Wickramasekera, Nimalka) (jjg).
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Filing 19
NOTICE of Motion to Dismiss Counts VII and VIII of the Complaint by Alphatec Holdings, Inc., Alphatec Spine, Inc. re #1 Complaint,,, (Wickramasekera, Nimalka) (jjg).
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Filing 18
NOTICE of Appearance by Stephen R Smerek on behalf of Alphatec Holdings, Inc., Alphatec Spine, Inc. (Smerek, Stephen)Attorney Stephen R Smerek added to party Alphatec Holdings, Inc.(pty:dft), Attorney Stephen R Smerek added to party Alphatec Spine, Inc.(pty:dft) (jjg).
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Filing 17
Minute Order: Plaintiff's request for an expedited case management conference [Doc. No. #10 ] is denied. The Court will schedule a case management conference in the normal course.(jjg)
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Filing 16
RESPONSE re #10 Notice (Other) Defendants' Response to Plaintiff's Notice of Intent to Seek Preliminary Injunction and Request for Expedited Case Mangaement Conference With District Court Judge filed by Alphatec Holdings, Inc., Alphatec Spine, Inc.. (Wickramasekera, Nimalka) QC Mailer sent re only attorneys that are registered can use s/ (jjg).
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Filing 15
Corporate Disclosure Statement by Alphatec Holdings, Inc., Alphatec Spine, Inc. identifying Corporate Parent Alphatec Holdings, Inc. for Alphatec Spine, Inc. (Wickramasekera, Nimalka) (jjg). (jao).
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Filing 14
NOTICE of Appearance of Stephen R. Smerek by Nimalka R. Wickramasekera on behalf of Alphatec Holdings, Inc., Alphatec Spine, Inc. (Wickramasekera, Nimalka) QC mailer sent re Attorney must file under own CM/ECF account (jjg).
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Filing 13
NOTICE of Appearance by Nimalka R. Wickramasekera on behalf of Alphatec Holdings, Inc., Alphatec Spine, Inc. (Wickramasekera, Nimalka)Attorney Nimalka R. Wickramasekera added to party Alphatec Holdings, Inc.(pty:dft), Attorney Nimalka R. Wickramasekera added to party Alphatec Spine, Inc.(pty:dft) (jjg).
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Filing 12
CERTIFICATE OF SERVICE by Nuvasive, Inc. re #10 Notice (Other) served on Alphatec Spine, Inc. (Tripodi, Paul) (jjg).
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Filing 11
CERTIFICATE OF SERVICE by Nuvasive, Inc. re #10 Notice (Other) served on Alphatec Holdings, Inc. (Tripodi, Paul) (jjg).
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Filing 10
NOTICE of Intent To Seek Preliminary Injunction and Request For Expedited Case Management Conference With District Court Judge by Nuvasive, Inc. (Devine, Wendy)Attorney Wendy Lynn Devine added to party Nuvasive, Inc.(pty:pla) (jjg).
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Filing 9
SUMMONS Returned Executed by Nuvasive, Inc.. Alphatec Spine, Inc. served. (Tripodi, Paul) (jjg).
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Filing 8
SUMMONS Returned Executed by Nuvasive, Inc.. Alphatec Holdings, Inc. served. (Tripodi, Paul) (jjg).
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Filing 7
ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE. This case has been reassigned to Judge Cathy Ann Bencivengo and Magistrate Judge Mitchell D. Dembin for all further proceedings. Judge Dana M. Sabraw and Magistrate Judge Barbara Lynn Major are no longer assigned to this case. Create association to 3:08-cv-01512-CAB-MDD. The new case number is 18cv0347-CAB-MDD. Signed by Judge Cathy Ann Bencivengo on 2/15/2018. Signed by Judge Dana M. Sabraw on 2/15/2018. (aef)
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Filing 6
MINUTE ORDER. Judge Gonzalo P. Curiel has declined assignment pursuant to General Order 598. Case reassigned to Judge Dana M. Sabraw for all further proceedings. The new case number is 18cv347 DMS (BLM).(no document attached) (jcj)
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Filing 5
NOTICE OF RELATED CASE(S) by Nuvasive, Inc. of case(s) 3:08-cv-01512-CAB (MDD) , 3:12-cv-02738-CAB (MDD), 3:18-cv-00347-GPC-BLM. (Tripodi, Paul) (aef).
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Filing 4
Corporate Disclosure Statement by Nuvasive, Inc. identifying Other Affiliate BlackRock, Inc. for Nuvasive, Inc. (Tripodi, Paul)(aef). (jao).
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Filing 3
Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (jms)
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Filing 2
REPORT on the filing or determination of an action regarding patent and/or trademark number(s) *7,819,801*, *8,355,780*, *8,439,832*, *9,833,227*, *8,753,270*, *8,361,156*, *D750,252*, *D652,519* cc:USPTO (jms)
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Filing 1
COMPLAINT with Jury Demand against Alphatec Holdings, Inc., Alphatec Spine, Inc. ( Filing fee $ 400 receipt number 0974-10915571), filed by Nuvasive, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit AA, #4 Exhibit AB, #5 AC, #6 AD, #7 AE, #8 AF, #9 AG, #10 AH, #11 AI, #12 AJ, #13 AK, #14 AL, #15 AM, #16 AN, #17 AO, #18 AP, #19 B, #20 C, #21 D, #22 E, #23 F, #24 G, #25 H, #26 I, #27 J, #28 K, #29 L, #30 M, #31 N, #32 O, #33 P, #34 Q, #35 R, #36 S, #37 T, #38 U, #39 V, #40 W, #41 X, #42 Y, #43 Z)The new case number is 3:18-cv-347-GPC-BLM. Judge Gonzalo P. Curiel and Magistrate Judge Barbara Lynn Major are assigned to the case. (Tripodi, Paul)(jms) Modified on 2/14/2018 proposed lno not prepared per dj chambers (dlg). (sjt).
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