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`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`---------------------------------------
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`---------------------------------------
`
`MEDTRONIC, INC.
`Petitioner
`
`v.
`
`NUVASIVE, INC.
`Patent Owner
`---------------------------------------
`
`Case IPR2013-00506
`Patent 8,361,156
`---------------------------------------
`
`
`
`MEDTRONIC, INC.’S PROPOSED MOTION LIST
`
`
`
`
`
`

`

`IPR2013-00506
`
`
`
`Petitioner Docket No. 108136.00029
`
`
`
`An initial conference call is scheduled for 3:00 PM Eastern Time on
`
`Thursday, February 27, 2014. Pursuant to the Decision of the Board to institute
`
`Inter Partes Review (Paper 9) and Office Patent Trial Practice Guide, 77 Fed. Reg.
`
`48756, 48765-66 (Aug. 14, 2012), Petitioner identifies the following motions that
`
`it may file during the trial, depending upon positions taken by Patent Owner:
`
`• Motions Requesting Discovery Pursuant to 37 C.F.R. § 42.51(b);
`
`• Motions to Submit Supplemental Information Pursuant to 37 C.F.R. §§
`
`42.64(b)(2), 42.123;
`
`• Motions to Exclude Evidence Pursuant to 37 C.F.R. § 42.64(c); and
`
`• Motions for Observation on Cross-Examination Pursuant to 37 C.F.R. §
`
`42.20.
`
`To the extent necessary – given that Petitioner is not aware of what
`
`amendments, remarks, and evidence Patent Owner may present – Petitioner
`
`reserves the right to request permission to file additional motions as appropriate.
`
`Dated: February 25, 2014
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
` /Jeff E. Schwartz/ d
`Jeff E. Schwartz, Reg. No. 39,019
`Fox Rothschild LLP
`1030 15th Street, NW
`Washington, DC 20005
`Tele: 202-696-1470
`Fax: 202-461-3102
`
`Attorneys for Petitioner
`
`

`

`
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. §§ 42.6(e), the undersigned certifies that on the 25th
`
`day of February 2014 a complete and entire copy of “Medtronic, Inc.’s Proposed
`
`Motion List” was provided via email to the Patent Owner by serving the following
`
`email addresses:
`
`schaefer@fr.com
`
`hawkins@fr.com
`
`
`
`Electronic service was used with the agreement of the Patent Owner’s counsel.
`
`
`
`Dated: February 25, 2014
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` /Jeff E. Schwartz/ d
`Jeff E. Schwartz, Reg. No. 39,019
`Fox Rothschild LLP
`1030 15th Street, NW
`Washington, DC 20005
`Tele: 202-696-1470
`Fax: 202-461-3102
`
`Attorneys for Petitioner
`
`
`
`
`
`

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