`571-272-7822
`
`
`
`Paper No. 3
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`NUVASIVE, INC.
`Petitioner
`
`v.
`
`WARSAW ORTHOPEDIC, INC.
`Patent Owner
`____________
`
`Case IPR2013-00206
`Patent 8,251,997 B2
`____________
`
`Mailed: March 25, 2013
`
`Before Lawrence J. Banks Trial Paralegal.
`
`NOTICE OF FILING DATE ACCORDED TO PETITION
`AND
`TIME FOR FILING PATENT OWNER PRELIMINARY RESPONSE
`
`The petition for “inter partes review,” in the above proceeding has
`been accorded the filing date of March 22, 2013.
`
`
`
`Case IPR2013-00206
`Patent 8,251,997 B2
`
`
`A review of the petition identified the following defect(s):
`-
`Improper usages of claim charts: Claim charts should be
`presented in a readable format so that a reader (e.g., the patent owner
`or a deciding official) is able to locate the claim limitations and the
`relied-upon portions of the prior art quickly. Presenting claim
`limitations and prior art teachings in a single column format creates
`inefficiency and, at times, appears to circumvent the page limit set
`forth in 37 C.F.R. § 42.24. Claim limitations should be presented in a
`separate column (e.g., claim limitations in the left column and prior
`art teachings in the right column).
`-
`Improper exhibit numbered sequencing: Exhibit 1011
`should be in compliance with 37 C.F.R. § 42.63(d)(2)(i).
`Petitioner must correct the defect(s) within FIVE BUSINESS DAYS
`from this notice. Failure to correct the defect(s) may result in an order to
`show cause as to why the Board should institute the trial. No substantive
`changes (e.g., new grounds) may be made to the petition.
`Patent Owner may file a preliminary response to the petition no later
`than three months from the date of this notice. The preliminary response is
`limited to setting forth the reasons why the requested review should not be
`instituted. Patent Owner may also file an election to waive the preliminary
`response to expedite the proceeding. For more information, please consult
`the Office Patent Trial Practice Guide, 77 Fed. Reg. 48756 (Aug. 14, 2012),
`which is available on the Board Web site at http://www.uspto.gov/PTAB.
`Patent Owner is advised of the requirement to submit mandatory
`notice information under 37 C.F.R. § 42.8(a)(2) within 21 days of service of
`the petition.
`
`
`
`2
`
`
`
`Case IPR2013-00206
`Patent 8,251,997 B2
`
`
`The parties are advised that under 37 C.F.R. § 42.10(c), recognition of
`counsel pro hac vice requires a showing of good cause. The parties are
`authorized to file motions for pro hac vice admission under 37 C.F.R. §
`42.10(c). Such motions shall be filed in accordance with the “Order --
`Authorizing Motion for Pro Hac Vice Admission” in Case IPR2013-00010
`(MPT), a copy of which is available on the Board Web site under
`“Representative Orders, Decisions, and Notices.”
`The parties are reminded that unless otherwise permitted by 37 C.F.R.
`§ 42.6(b)(2), all filings in this proceeding must be made electronically in the
`Patent Review Processing System (PRPS), accessible from the Board Web
`site at http://www.uspto.gov/PTAB.
`If there are any questions pertaining to this notice, please contact
`Lawrence J. Banks at 571-272-3450 or the Patent Trial and Appeal Board at
`571-272-7822.
`
`
`PETITIONER:
`Stephen R. Schaefer
`Michael T. Hawkins
`FISH & RICHARDSON P.C.
`schafer@fr.com
`hawkins@fr.com
`APSI@fr.com
`
`PATENT OWNER:
`MARTIN & FERRARO, LLP
`1557 Lake O’Pines Street, NE
`Hartville, OH 44632
`
`
`
`
`3
`
`