`
`
`Trials@uspto.gov
`Tel: 571-272-7822
`
`
`
`
`
`
`
` Paper 10
`
`
` Entered: October 1, 2013
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`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________
`
`LOMBARD MEDICAL TECHNOLOGIES PLC
`Petitioner
`v.
`MEDTRONIC VASCULAR, INC.
`Patent Owner
`____________________
`
`Case IPR2013-00269
`Patent 6,306,141 B1
`___________________
`
`Before SALLY C. MEDLEY, STEPHEN C. SIU, and JOSIAH C. COCKS,
`Administrative Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceeding
` 37 C.F.R. § 42.5
`
`
`
`On October 1, 2013, a conference call was held between counsel for
`the respective parties and Judges Medley, Siu and Cocks.
`The purpose of the call was to discuss Exhibit 1009, filed by the
`Petitioner in support of its petition. Specifically, on the front cover of
`
`
`
`Case IPR2013-00231
`Patent 8,079,413 B2
`
`Exhibit 1009 is styled, in part, “DECLARATION OF SCOTT M. RUSSELL
`PURSUANT TO 37 C.F.R. §§ 1.68, 42.63, AND 42.65.” However, Exhibit
`1009 fails to comply with the requirements of 37 C.F.R. § 1.68 provided
`here:
`Declarations may be presented in lieu of an oath:
`if, and only if, the declarant is on the same document, warned
`that willful false statements and the like are punishable by fine
`or imprisonment, or both (18 U.S.C. 1001) and may jeopardize
`the validity of the application or any patent issuing thereon.
`The declarant must set forth in the body of the declaration that
`all statements made of the declarant’s own knowledge are true
`and that all statements made on information and belief are
`believed to be true. 37 C.F.R. § 1.68.
`
`Missing from the Declaration of Scott Russell is a statement made by
`him that complies with the rule. Counsel for Petitioner indicated that they
`understood the issue and could resubmit shortly a corrected declaration.
`Counsel for Patent Owner indicated that Patent Owner did not, at this time,
`oppose the correction of the exhibit for the sole purpose of adding the
`required statement.
`Counsel for the respective parties indicated that a settlement
`agreement may be forthcoming. If the parties reach a settlement agreement,
`the parties shall arrange a conference call with the Board.
`Upon consideration, it is
`ORDERED that Petitioner shall file, no later than October 4, 2013, a
`corrected declaration of Scott M. Russell;
`FURTHER ORDERED that the corrected declaration shall contain the
`same content as the original declaration (Exhibit 1009) along with the
`addition of the required statement as set forth per 37 C.F.R. § 1.68, and that
`
`2
`
`
`
`Case IPR2013-00231
`Patent 8,079,413 B2
`
`no other changes shall be made to the declaration;
`FURTHER ORDERED that the corrected declaration shall be
`uploaded into PRPS with a new exhibit number that is sequential to those
`exhibits already filed by the Petitioner; and
`FURTHER ORDERED that Petitioner shall file, along with the
`corrected declaration, a paper indicating that the corrected declaration is
`being submitted in accordance with this order, and that the corrected
`declaration contains the same content as the original declaration (Exhibit
`1009) along with the addition of the required statement as set forth per 37
`C.F.R. § 1.68, and that no other changes have been made to the declaration.
`
`
`PETITIONER:
`
`Steven D. Hemminger
`Christopher B. Kelly
`ALSTON & BIRD LLP
`steve.hemminger@alston.com
`chris.kelly@alston.com
`
`PATENT OWNER:
`
`Justin J. Oliver
`Daniel S. Glueck
`FITZPATRICK, CELLA, HARPER & SCINTO
`MEDVASCIPR@fchs.com
`
`
`3
`
`
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