`
`
`Attorney Docket: 13958-0116IP2
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`MEDTRONIC, INC.
`Petitioner
`
`v.
`
`NUVASIVE, INC.
`Patent Owner
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Case IPR2013-00506
`Patent 8,361,156
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`NOTICE OF STIPULATION
`TO MODIFY DUE DATES 1 AND 2 IN THE SCHEDULING ORDER
`
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`
`Medtronic, Inc. ("Petitioner") and NuVasive, Inc. ("Patent Owner"), by and through
`
`
`
`
`
`their respective counsel of record, hereby stipulate as follows:
`
`
`
`1. On February 13, 2014, the Patent Trial and Appeal Board issued a Scheduling
`
`Order in the Inter Partes Review of U.S. Patent No. 8,361,156 (IPR2013-00506) setting
`
`forth "due dates for the parties to take action."
`
`
`
`2. The Scheduling Order further states that the "parties may stipulate to different
`
`dates for DUE DATES 1 through 3 (earlier or later, but no later than DUE DATE 4)."
`
`
`
`3. Patent Owner and Petitioner hereby stipulate to modify DUE DATE 1 and DUE
`
`DATE 2 as follows:
`
`
`
`
`
`
`
`DUE DATE 1: May 22, 2014
`
`DUE DATE 2: August 22, 2014
`
`4. This stipulation does not affect or otherwise modify the dates for DUE DATES 3
`
`through 7 in the Scheduling Order.
`
`
`
`5. In IPR2013-00506, IPR2013-00507, and IPR2013-00508, the Patent Owner filed
`
`and served its Patent Owner Responses prior to midnight local time on May 21, 2014, but
`
`they were not filed until after midnight eastern time in IPR2013-00507 and IPR2013-00508
`
`and were not served until after midnight eastern time in IPR2013-00506, IPR2013-00507,
`
`and IPR2013-00508. This stipulate resolves any dispute regarding timliness.
`
`2
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
` /Jeff E. Schwartz, Reg. No. 39,019/
`Jeff E. Schwartz, Reg. No. 39,019
`For Petitioner, Medtronic, Inc.
`
` /Stephen R. Schaefer, Reg. No. 37,927/
`Stephen R. Schaefer, Reg. No. 37,927
`For Patent Owner, NuVasive, Inc.
`
`
`
`
`
`3
`
`
`
`
`
`
`
`Date: June 12, 2014
`
`
`
`
`
`Date: June 12, 2014
`
`
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 CFR §§ 42.6(e)(1) and 42.6(e)(4)(iii), the undersigned certifies that
`on June 12, 2014, a complete and entire copy of this Notice of Stipulation to Modify Due
`Dates 1 And 2 in the Scheduling Order was provided via email to the Petitioner by serving
`the correspondence email address of record as follows:
`Jeff E. Schwartz
`1030 15th Street, NW
`Washington, DC 20005
`
`Seth A. Kramer
`2000 Market Street, 20th Floor
`Philadelphia, PA 19103
`
`Email: ipdocket@foxrothschild.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/Edward G. Faeth/
`
`Edward G. Faeth
`Fish & Richardson P.C.
`60 South Sixth Street, Suite 3200
`Minneapolis, MN 55402
`(202) 626-6420
`
`4