`
`
`
`
`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 Number: 8,361,156
`
`__________________________
`
`
`
`PATENT OWNER NUVASIVE, INC.’S NOTICE OF APPEAL TO THE
`UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT
`
`
`
`Case IPR2013-00506
`U.S. Patent No. 8,361,156
`
`
`
`
`Pursuant to 37 C.F.R. § 90.2(a) and 35 U.S.C. §§ 141(c) and 142, NuVasive,
`
`Inc. (“Patent Owner”) respectfully gives Notice that it hereby appeals to the United
`
`States Court of Appeals for the Federal Circuit the February 11, 2015 Final Written
`
`Decision of the Patent Trial and Appeal Board (“Board”) in IPR2013-00506 that
`
`claims 1-14, 19-20, and 23-27 of U.S. Patent No. 8,361,156 (“the ’156 patent”) are
`
`unpatentable, and all other underlying orders, decisions, rulings, and opinions that are
`
`adverse to Patent Owner. Patent Owner received the Final Written Decision
`
`electronically on the day the decision was entered.
`
` For the limited purpose of providing the Director with the information
`
`specified in 37 C.F.R. § 90.2(a)(3)(ii), issues on Patent Owner’s appeal may include
`
`the Board’s determination that claims 1-14, 19-20, and 23-27 of the ’156 patent have
`
`been shown to be unpatentable under 35 U.S.C. § 103 in view of the grounds of
`
`unpatentability identified in the Board’s Final Written Decision, challenges to any
`
`findings supporting that determination, the Board’s failure to properly consider
`
`evidence of record, the Board’s legal errors in undertaking the obviousness analysis,
`
`the Board’s findings that conflict with the evidence of record and are not supported by
`
`substantial evidence, the Board’s findings with respect to objective indicia of non-
`
`obviousness, and other issues decided adversely to Patent Owner.
`
` Simultaneous with this filing and in accordance with 37 C.F.R. § 90.2(a)(1),
`
`this Notice of Appeal is filed with the Director of the United States Patent and
`
`Trademark Office, filed with the Board, and served upon Petitioner in accordance with
`
`37 C.F.R. § 42.6(e). In addition, this Notice of Appeal, along with the required fees,
`
`-2-
`
`
`
`Case IPR2013-00506
`U.S. Patent No. 8,361,156
`
`
`is being filed with the Clerk’s Office for the United States Court of Appeals for the
`
`Federal Circuit in accordance with Fed. Cir. R. 15(a)(1).
`
`
`
`
`
`
`
`
`
`
`
`Dated: April 15, 2015
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully Submitted,
`
`/Michael T. Rosato/
`Michael T. Rosato
`Reg. No. 52,182
`
`-3-
`
`
`
`Case IPR2013-00506
`U.S. Patent No. 8,361,156
`
`
`CERTIFICATE OF FILING
`
`
`
`I hereby certify that, in addition to being filed electronically through the Patent
`
`Trial and Appeal Board’s PRPS, the foregoing “Patent Owner Nuvasive, Inc.’s Notice
`
`of Appeal to the United States Court of Appeals for the Federal Circuit” was filed by
`
`Express Mail on this 15th day of April, 2015, with the Director of the United States
`
`Patent and Trademark Office, at the following address:
`
`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel, United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`
`
`
`CERTIFICATE OF FILING
`
`
`
`I hereby certify that a true and correct copy of the foregoing “Patent Owner
`
`Nuvasive, Inc.’s Notice of Appeal to the United States Court of Appeals for the
`
`Federal Circuit” was filed electronically by CM/ECF on this 15th day of April, 2015,
`
`with the Clerk’s Office of the United States Court of Appeals for the Federal Circuit,
`
`at the following address:
`
`
`United States Court of Appeals for the Federal Circuit
`717 Madison Place, N.W., Suite 401
`Washington, D.C. 20439
`
`
`
`
`
`
`
`
`-4-
`
`
`
`Case IPR2013-00506
`U.S. Patent No. 8,361,156
`
`
`CERTIFICATE OF SERVICE
`
`
`
`Pursuant to 37 C.F.R. §§ 42.6(e), this is to certify that I caused to be served a
`
`true and correct copy of the foregoing “Patent Owner Nuvasive, Inc.’s Notice of
`
`Appeal to the United States Court of Appeals for the Federal Circuit” on the Petitioner
`
`at the correspondence address of the Petitioner as follows:
`
`Jeff E. Schwartz (jeschwartz@foxrothschild.com;
`Seth A. Kramer skramer@foxrothschild.com)
` (ipdocket@foxrothschild.com)
`Fox Rothschild LLP
`1030 15th Street, NW, Washington, DC 20005
`
`
`
`
`
` /Michael T. Rosato/
` Michael T. Rosato
`
`Dated: April 15, 2015
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`-5-
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
