`571-272-7822
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`Paper 31
`Date: June 27, 2014
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`_____________
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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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`Cases IPR2013-00395 (Patent 8,444,696 B2)
`IPR2013-00396 (Patent 8,444,696 B2)
`____________
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`Before SALLY C. MEDLEY, LORA M. GREEN, and STEPHEN C. SIU,
`Administrative Patent Judges.
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`MEDLEY, Administrative Patent Judge.
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`ORDER
`Trial Hearing
` 35 U.S.C. § 316(a)(10)
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`Both parties request a hearing in both cases pursuant to 37 C.F.R. § 42.70.
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`IPR2013-00395, Papers 28 and 30; IPR2013-00396, Papers 27 and 29. The
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`requests are granted.
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`IPR2013-00395 and IPR2013-00396
`Patent 8,444,696 B2
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`Each party will have sixty (60) minutes of total time to present arguments
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`for the two cases. Because the two cases involve the same patent, with similar
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`issues, Petitioner will proceed first to present its case with respect to the challenged
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`claims and grounds for which the Board instituted trial for both cases. Thereafter,
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`Patent Owner will respond to Petitioner’s presentation for both cases. Petitioner
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`may reserve rebuttal time to respond to Patent Owner’s presentation with respect to
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`both cases.
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`The hearing for these cases will commence at 2:00 PM Eastern Time, on
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`July 31, 2014, and it will be open to the public for in-person attendance, on the
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`ninth floor of Madison Building East, 600 Dulany Street, Alexandria, Virginia. In-
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`person attendance will be accommodated on a first-come first-served basis.
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`The Board will provide a court reporter for the hearing and the reporter’s
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`transcript will constitute the official record of the hearing.
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`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served five
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`business days prior to the hearing. They shall be filed at the Board two business
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`days prior to the hearing, and the parties must initiate a conference call with the
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`Board by two business days prior to the hearing to resolve any dispute over the
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`propriety of each party’s demonstrative exhibits. The parties are directed to CBS
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`Interactive Inc. v. Helferich Patent Licensing, LLC, IPR2013-00033, Paper 118
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`(October 23, 2013) regarding the appropriate content of demonstrative exhibits.
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`The Board expects lead counsel for each party to be present at hearing,
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`although any backup counsel may make the actual presentation, in whole or in part.
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`If any lead counsel will not be in attendance at hearing, the Board should be
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`notified via a joint telephone conference call no later than two days prior to the
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`hearing to discuss the matter.
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`2
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`IPR2013-00395 and IPR2013-00396
`Patent 8,444,696 B2
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`For PETITIONER
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`Stephen Schaefer
`Michael Hawkins
`Todd Miller
`Fish and Richardson PC
`schaefer@fr.com
`hawkins@fr.com
`miller@fr.com
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`For PATENT OWNER
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`Thomas Martin
`Wesley Meinerding
`Martin and Ferraro LLP
`tmartin@martinferraro.com
`wmeinerding@martinferraro.com
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`Nimalka Wickramasekera
`Kirkland & Ellis LLP
`nwickramasekera@kirkland.com
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`3
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