`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________
`
`NUVASIVE, INC.
`Petitioner
`
`v.
`
`WARSAW ORTHOPEDIC, INC.
`Patent Owner
`
`
`Patent Number: 8,251,997 B2
`Issue Date: August 28, 2012
`
`METHOD FOR INSERTING AN ARTIFICIAL IMPLANT BETWEEN TWO
`ADJACENT VERTEBRAE ALONG A CORONAL PLANE
`
`
`__________________
`
`
`Case IPR2013-00206
`
`
`______________________________________________________
`
`
`PETITIONER’S NOTICE OF APPEAL TO THE
`UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT
`
`
`
`
`
`
`
`
`
`Case IPR2013-00206
`U.S. Patent No. 8,251,997
`Our Ref. 13958-0112IP2
`Petitioner respectfully gives Notice pursuant to 37 C.F.R. § 90.2(a) and 35 U.S.C.
`
`§ 142 that it hereby appeals the Board’s July 10, 2014 Final Written Decision that claims 9-
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`16 and 24-30 of U.S. Patent No. 8,251,997 have not been shown to be unpatentable to the
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`United States Court of Appeals for the Federal Circuit, and from all other underlying orders,
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`decisions, rulings and opinions that are adverse to Petitioner, including the Board’s August
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`28, 2014 Decision regarding Petitioner’s Request for Rehearing.
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`For the limited purpose of providing the Director with the information requested in 37
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`C.F.R. § 90.2(a)(3)(ii), issues on Petitioner’s appeal may include the Board’s determination
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`that claims 9-16 and 24-30 have not been shown to be unpatentable under 35 U.S.C. § 103
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`in view of the grounds of unpatentability summarized at pp. 5 and 31-33 of the Board’s final
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`written decision and in view of the evidence discussed in Petitioner’s Petition for Rehearing
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`(denied on August 28, 2014), challenges to any findings supporting that determination, the
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`Board’s failure to properly consider evidence of record, the Board’s legal errors in
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`undertaking the obviousness analysis, the Board’s findings that conflict with the evidence of
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`record and are not supported by substantial evidence, or any other issues decided
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`adversely to Petitioner.
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`Simultaneous with this submission, a copy of this Notice of appeal is being filed with
`
`the Board. In addition, three copies of this Notice of Appeal, along with the required
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`
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`1
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`
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`
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`Case IPR2013-00206
`U.S. Patent No. 8,251,997
`Our Ref. 13958-0112IP2
`docketing fees, are being filed with the Clerk’s Office for the United States Court of Appeals
`
`for the Federal Circuit.
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`Respectfully submitted,
`
`
`Dated: August 29, 2014
`
`
`
`(Trial No. IPR2013-00206)
`
`Attorney for Petitioner
`
`
`
`
`
`
`
`
`
`
`
`
`
` /Stephen R. Schaefer, Reg. No. 37,927/
`
`Stephen R. Schaefer, Reg. No. 37,927
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`
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`
`
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`2
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`
`
`Case IPR2013-00206
`U.S. Patent No. 8,251,997
`Our Ref. 13958-0112IP2
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 CFR §§ 42.6(e)(4) and 42.205(b), the undersigned certifies that on
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`August 29, 2014, a complete and entire copy of the foregoing was provided via email to the
`
`Patent Owner by serving the correspondence email addresses of record as follows:
`
`Thomas H. Martin
`Wesley C. Meinerding
`Martin & Ferraro, LLP
`1557 Lake O’Pines Street, NE
`Hartville, OH 44632
`
`Email: tmartin@martinferraro.com
`Email: docketing@martinferraro.com
`
`Moreover, I hereby certify that, in addition to being filed electronically through the
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`Patent Trial and Appeal Board's Patent Review Processing System (PRPS), the original
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`version of the foregoing NOTICE OF APPEAL TO THE UNITED STATES COURT OF
`
`APPEALS FOR THE FEDERAL CIRCUIT was filed by hand on August 29, 2014 with the
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`Director of the United States Patent and Trademark Office, at the following address:
`
`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel
`Madison Building East, 10B20
`600 Dulany Street
`Alexandria, VA 22314-5793
`
`Moreover, I hereby certify that three true and correct copies of the foregoing NOTICE
`
`
`
`OF APPEAL TO THE UNITED STATES COURT OF APPEALS FOR THE FEDERAL
`
`
`
`3
`
`
`
`
`
`Case IPR2013-00206
`U.S. Patent No. 8,251,997
`Our Ref. 13958-0112IP2
`CIRCUIT and the prescribed fees were filed by hand on August 29, 2014, with the Clerk's
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`Office of the United States Court of Appeals for the Federal Circuit:
`
`Mr. Daniel E. O’Toole, Circuit Executive and Clerk of the Court
`United States Court of Appeals for the Federal Circuit
`717 Madison Place, N.W., Suite 401
`Washington, DC 20005
`
`
`
`
`
`
`
`/Jessica K. Detko/
`
`Jessica K. Detko
`Fish & Richardson P.C.
`60 South Sixth Street, Suite 3200
`Minneapolis, MN 55402
`(612) 337-2516
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`4
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