`571-272-7822
`
`Paper 55
`Date: May 9, 2014
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`NUVASIVE, INC.
`Petitioner
`
`v.
`
`WARSAW ORTHOPEDIC, INC.
`Patent Owner
`_______________
`
`Cases IPR2013-00206 (Patent 8,251,997 B2)
`IPR2013-00208 (Patent 8,251,997 B2)
`____________
`
`Before SALLY C. MEDLEY, LORA M. GREEN, and STEPHEN C. SIU,
`Administrative Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
` 35 U.S.C. § 316(a)(10)
`
`
`
`Both parties request a hearing in both cases pursuant to 37 C.F.R. § 42.70.
`IPR2013-00206, Papers 52 and 54; IPR2013-00208, Papers 49 and 51. The
`requests are granted.
`
`
`
`IPR2013-00206 and IPR2013-00208
`Patent 8,251,997 B2
`
`
`
`
`
`Each party will have sixty (60) minutes of total time to present arguments
`for the two cases. Because the two cases involve the same patent, with similar
`issues, Petitioner will proceed first to present its case with respect to the challenged
`claims and grounds for which the Board instituted trial for both cases. Thereafter,
`Patent Owner will respond to Petitioner’s presentation for both cases. Petitioner
`may reserve rebuttal time to respond to Patent Owner’s presentation with respect to
`both cases.
`The hearing for these cases will commence at 1:00 PM Eastern Time, on
`June 5, 2014, and it will be open to the public for in-person attendance, on the
`ninth floor of Madison Building East, 600 Dulany Street, Alexandria, Virginia. In-
`person attendance will be accommodated on a first-come first-served basis.
`The Board will provide a court reporter for the hearing and the reporter’s
`transcript will constitute the official record of the hearing.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served five
`business days prior to the hearing. They shall be filed at the Board two business
`days prior to the hearing, and the parties must initiate a conference call with the
`Board by two business days prior to the hearing to resolve any dispute over the
`propriety of each party’s demonstrative exhibits. The parties are directed to CBS
`Interactive Inc. v. Helferich Patent Licensing, LLC, IPR2013-00033, Paper 118
`(October 23, 2013) regarding the appropriate content of demonstrative exhibits.
`The Board expects lead counsel for each party to be present at hearing,
`although any backup counsel may make the actual presentation, in whole or in part.
`If any lead counsel will not be in attendance at hearing, the Board should be
`notified via a joint telephone conference call no later than two days prior to the
`hearing to discuss the matter.
`
`
`2
`
`
`
`
`
`
`
`
`IPR2013-00206 and IPR2013-00208
`Patent 8,251,997 B2
`
`
`
`For PETITIONER:
`Stephen Schaefer
`Michael Hawkins
`Todd Miller
`FISH AND RICHARDSON PC
`schaefer@fr.com
`hawkins@fr.com
`miller@fr.com
`
`
`For PATENT OWNER:
`
`Thomas Martin
`Wesley Meinerding
`Nimalka Wickramasekera
`MARTIN AND FERRARO LLP
`tmartin@martinferraro.com
`wmeinerding@martinferraro.com
`nwickramasekera@kirkland.com
`
`
`
`
`
`
`
`
`3
`
`
`