`U.S. Patent No. 8,444,696
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`NUVASIVE, INC.
`Petitioner
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`v.
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`WARSAW ORTHOPEDIC, INC.
`Patent Owner
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`Patent Number: 8,444,696
`Issue Date: May 21, 2013
`ANATOMIC SPINAL IMPLANT HAVING
`ANATOMIC BEARING SURFACES
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`________________
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`Case IPR2013-00395
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`___________________________________________________
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`WARSAW’S REQUEST FOR ORAL ARGUMENT
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`Warsaw Orthopedic, Inc. (“Warsaw” or “Patent Owner”) hereby requests
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`oral argument pursuant to 37 C.F.R. § 42.70. Oral argument is currently scheduled
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`for July 31, 2014. (See Scheduling Order, Paper 13.) Warsaw requests oral
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`argument on the following issues:
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`I. Whether Petitioner has met its burden of proof that claims 1-6 are
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`unpatentable over the combinations of prior art in the instituted grounds
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`of unpatentability, including, but not limited to:
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`A. Whether Petitioner has met its burden of proof that the prior art
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`in the instituted grounds of unpatentability for claims 1-6
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`discloses all the limitations of those claims;
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`B. Whether Petitioner has met its burden of proof that a person of
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`ordinary skill in the art would have found it obvious to combine
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`the various prior art references in the instituted grounds of
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`unpatentability for claims 1-6; and
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`II.
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`Additional issues raised by the Board or Petitioner in oral argument.
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`1
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`Respectfully Submitted,
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`/Thomas H. Martin/
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`Thomas H. Martin
`Registration No. 34,383
`Attorney for Patent Owner
`MARTIN & FERRARO, LLP
`1557 Lake O’Pines Street, NE
`Hartville, Ohio 44632
`Telephone: (330) 877-0700
`Facsimile: (330) 877-2030
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`Dated: June 26, 2014
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`2
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`Case IPR2013-00395
`U.S. Patent No. 8,444,696
`Our Ref: 101.0051-06IPR
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of WARSAW’S REQUEST FOR
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`ORAL ARGUMENT and WARSAW’S MOTION FOR OBSERVATION REGARDING
`CROSS-EXAMINATION OF DR. BRANTIGAN were served in their entirety via
`electronic mail to APSI@fr.com (referencing Attorney Docket No. 13958-0113IP1; and
`cc’ing schaefer@fr.com and hawkins@fr.com):
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`Stephen R. Schaefer
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
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`Michael T. Hawkins
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
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`Date of Service:
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`June 26, 2014
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`Signature:
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`/Thomas H. Martin/
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`Thomas H. Martin, Reg. No. 34,383
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