`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`MEDTRONIC, INC.
`Petitioner
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`v.
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`NUVASIVE, INC.
`Patent Owner
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`Case IPR2013-00506
`Patent 8,361,156
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`PATENT OWNER’S REQUEST FOR ORAL ARGUMENT
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`Case IPR2013-00506
`Attorney Docket No: 13958-0116IP2
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`Pursuant to 37 C.F.R. § 42.70(a) and the Scheduling Order (Paper 10),
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`Patent Owner requests an opportunity to present oral argument regarding the
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`patentability of the challenged claims of the ’156 patent. Requests for Oral
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`Argument in the two related IPR proceedings (IPR2013-00507 and IPR2013-
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`00508) have been filed on this same day. According to the November 2014 PTAB
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`Public Hearing Schedule, Patent Owner understands that oral argument for the
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`three related IPRs will be heard during hearings scheduled to start at 10:00am and
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`2:00pm, respectively, on November 18, 2014. Patent Owner believes that 45
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`minutes for each side in the morning and 45 minutes for each side in the afternoon
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`is sufficient to cover the issues.
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`With regard to the ‘156 patent, Patent Owner requests (without waiving
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`consideration of any issue not listed below) to address the following issues:
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`1. Whether Petitioner has met its burden of proof that the challenged claims
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`are unpatentable over the combinations of prior art in the instituted
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`grounds of unpatentability.
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`2. Whether evidence should be excluded as identified in Patent Owner’s
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`Motion to Exclude Evidence.
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`3. Issues addressed in a motion to exclude evidence filed by Petitioner, if
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`any.
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`4. Any additional issues on which the Board seeks clarification.
`2
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`Case IPR2013-00506
`Attorney Docket No: 13958-0116IP2
`For oral argument, which will be held November 18, 2014, Patent Owner
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`requests to use video equipment to display exhibits, including the use of a screen
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`for a PowerPoint display. In accordance with the Trial Practice Guide, 77 Fed.
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`Reg. at 48768, Patent Owner will contact the Board Trial Division paralegal to
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`discuss this request.
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`Date: 10/6/2014
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`Customer Number 26191
`Fish & Richardson P.C.
`Telephone: (612) 337-2508
`Facsimile: (612) 288-9696
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`Respectfully submitted,
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`/Stuart A. Nelson/
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`Stuart A. Nelson
`Reg. No. 63,947
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`3
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`Case IPR2013-00506
`Attorney Docket No: 13958-0116IP2
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 CFR §§ 42.6(e)(4) and 42.6(e)(4)(iii), the undersigned
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`certifies that on October 6, 2014, a complete and entire copy of this Patent
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`Owner’s Request for Oral Argument was provided via email to the Petitioner by
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`serving the email correspondence address of record as follows:
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`Jeff E. Schwartz
`Seth A. Kramer
`Fox Rothschild LLP
`1030 15th Street, NW
`Washington, DC 20005
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`Email: jeschwartz@foxrothschild.com
`Email: skramer@foxrothschild.com
`Email: ipdocket@foxrothschild.com
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` /Diana Bradley/
`Diana Bradley
`Fish & Richardson P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
` (858) 678-5667
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`4
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