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Case number 2020-2245

Alphatec Holdings, Inc. v. NuVasive, Inc. > Documents

Date Field Doc. No.Description (Pages)
Mar 21, 2022 60 Mandate issued to the United States Patent and Trademark Office. Service as of this date by the Clerk of Court. [837912] [20-2245, 20-2246, 20-2247, 20-2269] [JCP] [Entered: 03/21/2022 01:08 PM] (1)
Feb 13, 2022 0 ALPHATEC HOLDINGS, INC. v. NUVASIVE, INC. [RULE 36 JUDGMENT] [nonprecedential] (0)
Feb 11, 2022 59 JUDGMENT. AFFIRMED. Issued pursuant to Federal Circuit Rule 36. Terminated on the merits after oral argument. COSTS: No Costs. Mandate to issue in due course. For information regarding costs, petitions for rehearing, and petitions for writs of certiorari click here. Service as of this date by the Clerk of Court. [830575] [20-2245, 20-2246, 20-2247, 20-2269] [MVH] [Entered: 02/11/2022 10:10 AM] (2)
Feb 9, 2022 58 Letter from Appellants Alphatec Holdings, Inc. and Alphatec Spine, Inc. regarding record materials cited at oral argument. Service: 02/09/2022 by email. [830277] [20-2245] [Nimalka Wickramasekera] [Entered: 02/09/2022 06:33 PM] (218)
Feb 9, 2022 57 Submitted after ORAL ARGUMENT to Panel: Dyk, Circuit Judge; Mayer, Circuit Judge and Chen, Circuit Judge.Arguing counsel: Nimalka R. Wickramasekera for Alphatec Spine, Inc. and Alphatec Holdings, Inc. and Michael T. Rosato for NuVasive, Inc..Oral Argument Audio available here. [830153] [MJL] [Entered: 02/09/2022 02:01 PM] (0)
Jan 28, 2022 56 Clerk's letter to Appellants Alphatec Holdings, Inc., Alphatec Spine, Inc. and Cross-Appellant NuVasive, Inc. regarding Video Argument Orientation. Service as of this date by the Clerk of Court. [827777] [MVH] [Entered: 01/28/2022 04:12 PM] (0)
Jan 18, 2022 55 ORDER. The court will conduct argument in this case by video at the originally scheduled date and time in lieu of in-person appearance. See order for further details. Service as of this date by the Clerk of Court. [825159] [MJL] [Entered: 01/18/2022 04:35 PM] (2)
Dec 29, 2021 54 Response to notice of oral argument from Appellants Alphatec Holdings, Inc. and Alphatec Spine, Inc.. Service: 12/29/2021 by email. [821887] [20-2245] [Nimalka Wickramasekera] [Entered: 12/29/2021 07:41 PM] (3)
Dec 29, 2021 53 Response to notice of oral argument from Cross-Appellant NuVasive, Inc.. Service: 12/29/2021 by email. [821778] [20-2245] [Michael Rosato] [Entered: 12/29/2021 02:02 PM] (5)
Dec 22, 2021 52 Counsel are advised that the Federal Circuit has issued Revised Protocols for In-Person Arguments. All arguing counsel must file the revised Form 33A with the Response to Notice of Oral Argument by the previously set deadline. [820583] [JCP] [Entered: 12/22/2021 12:08 PM] (0)
Dec 17, 2021 51 NOTICE OF ORAL ARGUMENT. Panel: 2202G. Case scheduled February 9, 2022. Response to Notice of Oral Argument due: 01/03/2022. Please review the attached Notice. The response to notice of oral argument form can be found here. The Oral Argument Guide can be found here. Service as of this date by the Clerk of Court. [819643] [MVH] [Entered: 12/17/2021 04:17 PM] (2)
Nov 23, 2021 50 ORDER filed granting motion to reschedule argument [49] filed by Appellants Alphatec Spine, Inc. and Alphatec Holdings, Inc. By: Merits Panel (Per Curiam). Service as of this date by the Clerk of Court. [814589] [MVH] [Entered: 11/23/2021 04:08 PM] (2)
Nov 22, 2021 49 MOTION of Appellants Alphatec Holdings, Inc. and Alphatec Spine, Inc. to reschedule argument. Service: 11/22/2021 by email. [814265] [20-2245] [Nimalka Wickramasekera] [Entered: 11/22/2021 07:12 PM] (9)
Nov 19, 2021 48 NOTICE OF ORAL ARGUMENT. Panel: 2201B. Case scheduled January 10, 2022. Response to Notice of Oral Argument due: 12/15/2021. Please review the attached Notice. The response to notice of oral argument form can be found here. The Oral Argument Guide can be found here. Service as of this date by the Clerk of Court. [813716] [JCP] [Entered: 11/19/2021 02:05 PM] (2)
Sep 29, 2021 47 Notice from Cross-Appellant NuVasive, Inc. regarding conflicts with oral argument. Service: 09/29/2021 by email. [802608] [20-2245] [Michael Rosato] [Entered: 09/29/2021 02:11 PM] (4)
Sep 14, 2021 43 Notice from Appellants Alphatec Holdings, Inc. and Alphatec Spine, Inc. regarding conflicts with oral argument. Service: 09/14/2021 by email. [799147] [20-2245] [Nimalka Wickramasekera] [Entered: 09/14/2021 01:37 PM] (4)
Sep 14, 2021 44 The following conflict dates submitted by Nimalka R. Wickramasekera for Alphatec Spine, Inc. and Alphatec Holdings, Inc. have been accepted by the court: 12/06/2021, 12/07/2021, 12/08/2021, 12/09/2021, 12/10/2021. [799278] [MJL] [Entered: 09/14/2021 04:20 PM] (0)
Sep 13, 2021 46 6 paper copies of Doc. No. [29], [36] received from Cross-Appellant NuVasive, Inc.. [799869] [VDW] [Entered: 09/16/2021 09:05 AM] (0)
Sep 13, 2021 45 6 paper copies of Doc. No. [38], [32], [22] received from Appellants Alphatec Holdings, Inc. and Alphatec Spine, Inc.. [799499] [VDW] [Entered: 09/15/2021 10:50 AM] (0)
Sep 13, 2021 42 The following conflict dates submitted by Michael T. Rosato for NuVasive, Inc. have been accepted by the court: 02/07/2022, 02/08/2022, 02/09/2022, 03/10/2022, 03/11/2022. [798735] [MJL] [Entered: 09/13/2021 11:53 AM] (0)
Sep 13, 2021 41 Notice from Cross-Appellant NuVasive, Inc. regarding conflicts with oral argument. Service: 09/13/2021 by email. [798692] [20-2245] [Michael Rosato] [Entered: 09/13/2021 11:04 AM] (4)
Sep 8, 2021 40 Outstanding paper copies of all briefs and appendices must be submitted within five business days from the date of issuance of this notice. See Fed. Cir. R. 25(c)(3)(A). [797831] [CAB] [Entered: 09/08/2021 03:24 PM] (0)
Sep 8, 2021 39 Notice to Advise of Scheduling Conflicts. Arguing counsel must advise of, and show good cause for, any scheduling conflicts during the upcoming court session months listed in the attached notice. The Response to Notice to Advise of Scheduling Conflicts can be found here. The Oral Argument Guide can be found here. [797829]--[Edited 09/09/2021 by EKD to correct document] [CAB] [Entered: 09/08/2021 03:19 PM] (1)
Sep 3, 2021 38 MODIFIED ENTRY: APPENDIX FILED by Appellants Alphatec Holdings, Inc., Alphatec Spine, Inc. and Cross-Appellant NuVasive, Inc. Service: 09/03/2021 by email. [797245] --[Edited 09/08/2021 by CAB - compliance review complete] [Nimalka Wickramasekera] [Entered: 09/03/2021 03:45 PM] (1438)
Sep 3, 2021 37 Joint Statement of Compliance with Fed. Cir. R. 33 for Appellants Alphatec Holdings, Inc., Alphatec Spine, Inc. and Cross-Appellant NuVasive, Inc.. Service: 09/03/2021 by email. [797243] [20-2245] [Nimalka Wickramasekera] [Entered: 09/03/2021 03:39 PM] (2)
Aug 27, 2021 36 MODIFIED ENTRY: REPLY BRIEF FILED by Cross-Appellant NuVasive, Inc. Service: 08/27/2021 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [795848] --[Edited 08/31/2021 by CAB - compliance review complete] [Michael Rosato] [Entered: 08/27/2021 07:03 PM] (40)
Aug 27, 2021 35 Amended Certificate of Interest for Cross-Appellant NuVasive, Inc.. Service: 08/27/2021 by email. [795846] [20-2245] [Michael Rosato] [Entered: 08/27/2021 06:57 PM] (4)
Jul 13, 2021 34 **TEXT ONLY** ORDER granting motion to extend time to file brief [33] filed by Cross-Appellant NuVasive, Inc. The reply brief is due 08/27/2021. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [785743] [KMH] [Entered: 07/13/2021 08:58 AM] (0)
Jul 12, 2021 33 MOTION of Cross-Appellant NuVasive, Inc. to extend the time to 08/27/2021 to file brief. Service: 07/12/2021 by email. [785639] [20-2245] [Michael Rosato] [Entered: 07/12/2021 03:53 PM] (9)
Jul 7, 2021 32 MODIFIED ENTRY: REPLY BRIEF FILED by Appellants Alphatec Holdings, Inc. and Alphatec Spine, Inc.. Service: 07/07/2021 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [784708] --[Edited 07/12/2021 by KMH - compliance review complete] [Nimalka Wickramasekera] [Entered: 07/07/2021 10:47 PM] (74)
Apr 30, 2021 31 **TEXT ONLY** ORDER granting motion to extend time to file brief [30] filed by Appellants Alphatec Spine, Inc. and Alphatec Holdings, Inc. The reply brief is due 07/07/2021. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [772340] [KMH] [Entered: 04/30/2021 01:50 PM] (0)
Apr 29, 2021 30 MOTION of Appellants Alphatec Holdings, Inc. and Alphatec Spine, Inc. to extend the time to 07/07/2021 to file brief. Service: 04/29/2021 by email. [772070] [20-2245] [Nimalka Wickramasekera] [Entered: 04/29/2021 01:37 PM] (11)
Apr 28, 2021 29 MODIFIED ENTRY: RESPONSE BRIEF FILED by Cross-Appellant NuVasive, Inc.. Service: 04/28/2021 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [771914] --[Edited 05/04/2021 by KMH - compliance review complete] [Michael Rosato] [Entered: 04/28/2021 07:59 PM] (92)
Apr 15, 2021 28 **TEXT ONLY** ORDER granting motion to extend time to file brief [27] filed by Cross-Appellant NuVasive, Inc. The response brief is due 04/28/2021. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [768934] [KMH] [Entered: 04/15/2021 03:05 PM] (0)
Apr 13, 2021 27 MOTION of Cross-Appellant NuVasive, Inc. to extend the time to 04/28/2021 to file brief. Service: 04/13/2021 by email. [768365] [20-2245] [Michael Rosato] [Entered: 04/13/2021 03:08 PM] (6)
Mar 16, 2021 26 Notice from Cross-Appellant NuVasive, Inc. Notice of Withdrawal of P. Tripodi. Service: 03/16/2021 by email. [762788] [20-2245] [Michael Rosato] [Entered: 03/16/2021 06:32 PM] (0)
Mar 5, 2021 25 **TEXT ONLY** ORDER granting motion to extend time to file brief [24] filed by Cross-Appellant NuVasive, Inc. The response brief is due 04/21/2021. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [760435] [KMH] [Entered: 03/05/2021 03:08 PM] (0)
Mar 4, 2021 24 MOTION of Cross-Appellant NuVasive, Inc. to extend the time to 04/21/2021 to file brief. Service: 03/04/2021 by email. [760078] [20-2245] [Michael Rosato] [Entered: 03/04/2021 02:31 PM] (0)
Mar 2, 2021 23 Notice of Correction to Doc No. [21] for Appellants Alphatec Holdings, Inc. and Alphatec Spine, Inc.. Service: 03/02/2021 by email. [759660] [20-2245] [Nimalka Wickramasekera] [Entered: 03/02/2021 05:18 PM] (0)
Mar 2, 2021 22 MODIFIED ENTRY: CORRECTED OPENING BRIEF FILED by Appellants Alphatec Holdings, Inc. and Alphatec Spine, Inc.. Service: 03/02/2021 by email. [759643] --[Edited 03/05/2021 by KMH - compliance review complete] [Nimalka Wickramasekera] [Entered: 03/02/2021 04:28 PM] (0)
Mar 2, 2021 21 Notice of Correction to Doc No. [19] for Appellants Alphatec Holdings, Inc. and Alphatec Spine, Inc.. Service: 03/02/2020 by email. [759635] [20-2245] [Nimalka Wickramasekera] [Entered: 03/02/2021 04:21 PM] (0)
Feb 24, 2021 20 NOTICE OF NON-COMPLIANCE: The submission of Appellants Alphatec Holdings, Inc. and Alphatec Spine, Inc., Corrected Opening Brief [19], is not in compliance with the rules of this court (see attached). Compliant document due on 03/03/2021. Service as of this date by the Clerk of Court. [758158] [KMH] [Entered: 02/24/2021 09:15 AM] (0)
Feb 17, 2021 19 CORRECTED OPENING BRIEF FILED by Appellants Alphatec Holdings, Inc. and Alphatec Spine, Inc.. Service: 02/17/2021 by email. [756882] [20-2245] This document is non-compliant. See Doc No. [20] [Nimalka Wickramasekera] [Entered: 02/17/2021 04:49 PM] (0)
Feb 17, 2021 18 NOTICE OF NON-COMPLIANCE: The submission of Appellants Alphatec Holdings, Inc. and Alphatec Spine, Inc., Opening Brief [17], is not in compliance with the rules of this court (see attached). Compliant document due on 02/24/2021. Unless ordered otherwise, the deadline for any responsive filing runs from service of the original version. Service as of this date by the Clerk of Court. [756825] [KMH] [Entered: 02/17/2021 02:16 PM] (0)
Feb 8, 2021 17 OPENING BRIEF FILED by Appellants Alphatec Holdings, Inc. and Alphatec Spine, Inc.. Service: 02/08/2021 by email. [754660] [20-2245] This document is non-compliant. See Doc No. [18] [Nimalka Wickramasekera] [Entered: 02/08/2021 09:35 PM] (0)
Dec 28, 2020 16 **TEXT ONLY** ORDER granting motion to extend time to file brief [15] filed by Appellants Alphatec Spine, Inc. and Alphatec Holdings, Inc. The opening brief is due 02/08/2021. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [745354] [KMH] [Entered: 12/28/2020 10:29 AM] (0)
Dec 14, 2020 15 MOTION of Appellants Alphatec Holdings, Inc. and Alphatec Spine, Inc. to extend the time to 02/08/2021 to file brief. Service: 12/14/2020 by email. [742680] [20-2245] [Nimalka Wickramasekera] [Entered: 12/14/2020 09:35 PM] (13)
Oct 22, 2020 14 **TEXT ONLY** ORDER granting motion to extend time to file brief [13] filed by Appellants Alphatec Spine, Inc. and Alphatec Holdings, Inc. The opening brief is due 01/11/2021. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [730766] [KMH] [Entered: 10/22/2020 10:18 AM] (0)
Oct 21, 2020 13 MOTION of Appellants Alphatec Holdings, Inc. and Alphatec Spine, Inc. to extend the time to 01/11/2021 to file brief. Service: 10/21/2020 by email. [730559] [20-2245] [Nimalka Wickramasekera] [Entered: 10/21/2020 01:42 PM] (9)
Oct 14, 2020 12 Certified list received. Service: 10/13/2020 by email. Refer to Fed. Cir. R. 31 for calculating brief deadlines from service of the certified list. [728489] [KMH] [Entered: 10/14/2020 10:18 AM] (229)
Sep 23, 2020 11 Docketing Statement for the Cross-Appellant NuVasive, Inc.. Service: 09/23/2020 by email. [724102] [20-2245] [Michael Rosato] [Entered: 09/23/2020 06:16 PM] (5)
Sep 23, 2020 10 Certificate of Interest for Cross-Appellant NuVasive, Inc.. Service: 09/23/2020 by email. [724097] [20-2245] [Michael Rosato] [Entered: 09/23/2020 06:10 PM] (4)
Sep 23, 2020 9 Entry of appearance for Michael T. Rosato; Paul D. Tripodi II; Richard Torczon; Jad A. Mills; Sonja R. Gerrard as counsel for Cross-Appellant NuVasive, Inc.. Service: 09/23/2020 by email. [724096] [20-2245] [Michael Rosato] [Entered: 09/23/2020 06:07 PM] (3)
Sep 23, 2020 8 Docketing Statement for the Appellants Alphatec Holdings, Inc. and Alphatec Spine, Inc.. Service: 09/23/2020 by email. [723972] [20-2245] [Nimalka Wickramasekera] [Entered: 09/23/2020 01:01 PM] (4)
Sep 23, 2020 7 Certificate of Interest for Appellants Alphatec Holdings, Inc. and Alphatec Spine, Inc.. Service: 09/23/2020 by email. [723966] [20-2245] [Nimalka Wickramasekera] [Entered: 09/23/2020 12:48 PM] (3)
Sep 23, 2020 6 Entry of appearance for Nimalka Wickramasekera; Brian Nisbet; Eimeric Reig-Plessis; David Dalke as counsel for Appellants Alphatec Holdings, Inc. and Alphatec Spine, Inc.. Service: 09/23/2020 by email. [723962] [20-2245] [Nimalka Wickramasekera] [Entered: 09/23/2020 12:35 PM] (2)
Sep 21, 2020 5 Note to File: The following cases are consolidated: 20-2245 Lead with 20-2246 and 20-2247 Consolidated Member Cases. The parties must file all documents in the lead appeal only. [722996] [20-2245, 20-2246, 20-2247] [KMH] [Entered: 09/21/2020 09:55 AM] (0)
Sep 21, 2020 4 ORDER consolidating appeals 20-2245, 20-2246, and 20-2247. The certified lists remain due no later than October 19, 2020. Service as of this date by the Clerk of Court. [722994] [20-2245, 20-2246, 20-2247] [KMH] [Entered: 09/21/2020 09:52 AM] (2)
Sep 15, 2020 3 Official caption revised to reflect Cross-Appeal 20-2269. (see attached). Service as of this date by the Clerk of Court. [721705] [KMH] [Entered: 09/15/2020 12:54 PM] (2)
Sep 15, 2020 2 Note to File: The following cases are consolidated: 20-2245 Lead with 20-2269 Cross-Appeal. The parties must file all documents in the lead appeal only. [721704] [20-2245, 20-2269] [KMH] [Entered: 09/15/2020 12:53 PM] (0)
Sep 9, 2020 1 Appeal docketed. Received: 09/08/2020. [720430] Entry of Appearance is due on 09/23/2020. Certificate of Interest is due on 09/23/2020. Docketing Statement is due on 09/23/2020. Certified List is due on 10/19/2020. [KMH] [Entered: 09/09/2020 02:03 PM] (92)
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