`Filed October 21, 2013
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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`LOMBARD MEDICAL TECHNOLOGIES PLC
`
`Petitioner
`
`v.
`
`MEDTRONIC, INC.
`
`Patent Owner
`____________
`
`Case IPR2013-00269
`
`Patent 6,306,141
`____________
`
`LOMBARD MEDICAL TECHNOLOGIES PLC AND
`MEDTRONIC, INC.’S JOINT MOTION TO TERMINATE
`PROCEEDING PURSUANT TO
`35 U.S.C. § 317 AND 37 C.F.R. § 42.74
`
`
`
`Joint Motion to Terminate Proceeding
`Case No. IPR2013-00269
`
`Pursuant to 35 U.S.C. § 317, 37 C.F.R. § 42.74, and the Board’s Order
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`of October 17, 2013 (“the Order”), Petitioner Lombard Medical
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`Technologies PLC and Patent Owner Medtronic, Inc. (“the parties”) jointly
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`request termination of the Inter Partes Review of U.S. Patent No. 6,306,141,
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`Case No. IPR2013-00269, without prejudice to either party.
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`This inter partes review has not been instituted. Petitioner filed its
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`petition on May 6, 2013, and Patent Owner filed its Preliminary Response
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`on August 8, 2013. The parties have settled their dispute and have agreed to
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`request termination of this inter partes review proceeding. The settlement
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`agreement has been made in writing and a true and correct copy of the
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`settlement agreement is being filed concurrently with the present motion as
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`business confidential information under 35 U.S.C. § 317(b). Pursuant to 37
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`C.F.R. § 42.74(c), a Joint Request to File Settlement Agreement as Business
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`Confidential Information is being submitted herewith.
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`For the foregoing reasons, the parties jointly and respectfully request
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`termination of the present proceeding, Case No. IPR2013-00269, without
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`prejudice to either party.
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`2
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`
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`Joint Motion to Terminate Proceeding
`Case No. IPR2013-00269
`
`Date: October 21, 2013
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`Respectfully Submitted,
`
`By__/Christopher B. Kelly/ ______
`Christopher B. Kelly
`Reg. No. 62,573
`ALSTON & BIRD, LLP
`1201 W. Peachtree St.
`Atlanta, GA 30306
`Counsel for Petitioner
`Lombard Medical Technologies PLC
`
`By__/Justin J. Oliver/__________
`Justin J. Oliver
`Reg. No. 44,986
`FITZPATRICK, CELLA, HARPER
`& SCINTO
`1290 Avenue of the Americas
`New York, NY 10104
`Counsel for Patent Owner
`Medtronic, Inc.
`
`3
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`
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`Joint Motion to Terminate Proceeding
`Case No. IPR2013-00269
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`Certificate of Service
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`The undersigned certifies service pursuant to 37 C.F.R. §§ 42.6(e) on
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`the Patent Owner’s counsel of record in the proceeding by email (by
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`agreement between the parties) of a copy of this Joint Motion to Terminate
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`Proceeding at the following address:
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`MEDVASCIPR@fchs.com
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`Dated: October 21, 2013
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`/Christopher B. Kelly/
`
`Christopher B. Kelly
`Reg. No. 62,573
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`4
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