`Trials@uspto.gov
`Tel: 571-272-7822
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` Paper 13
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` Entered: August 9, 2013
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`
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`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) (SCM)
`IPR2013-00208 (Patent 8,251,997 B2)1
`_______________
`
`
`Before SALLY C. MEDLEY, LORA M. GREEN, and STEPHEN C. SIU,
`Administrative Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
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`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`1 This order addresses an issue that is the same in both cases. Therefore, we
`exercise discretion to issue one order to be filed in each case. The parties,
`however, are not authorized to use this style heading in subsequent papers since
`doing so may cause confusion.
`
`
`
`IPR2013-00206 and IPR2013-00208
`Patent 8,251,997 B2
`
`
`A conference call was held on August 6, 2013 with counsel for the
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`respective parties and a panel of administrative patent judges. The purpose of the
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`conference call was for NuVasive, Inc. (“NuVasive”) to seek authorization to file a
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`motion to submit additional evidence and updated information in response to
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`Warsaw’s preliminary response. Warsaw opposed the request.
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`Counsel for NuVasive explained that Warsaw, in its preliminary response,
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`relied upon evidence from a district court case related to U.S. Patent 5,860,973
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`(“the ’973 patent”); an uninvolved patent. As a result, NuVasive is of the
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`impression that Warsaw did not provide the Board with a complete evidentiary
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`record of certain of the district court documents. NuVasive seeks authorization to
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`file certain exhibits to provide clarification for the record. The documents that
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`NuVasive seeks to submit into the record were discussed. In addition, NuVasive
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`seeks authorization to submit an update of the district court case related to the
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`uninvolved ’973 patent.
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`Upon consideration, the Board has determined that neither the filing of the
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`documents nor an update of the district court case related to the’973 patent are
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`necessary at this point in the proceeding. Accordingly, NuVasive’s request to file
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`a motion to submit additional evidence and updated information is denied.
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`2
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`IPR2013-00206 and IPR2013-00208
`Patent 8,251,997 B2
`
`
`PETITIONER:
`
`Stephen Schaefer
`Michael Hawkins
`Fish and Richardson PC
`schaefer@fr.com
`hawkins@fr.com
`PATENT OWNER:
`
`Thomas Martin
`Wesley Meinerding
`Martin and Ferraro LLP
`tmartin@martinferraro.com
`wmeinerding@martinferraro.com
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`3
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`
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