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` Entered: October 20, 2014
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`Trials@uspto.gov
`Tel: 571-272-7822
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`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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`Cases IPR2013-00506 (Patent 8,361,156)
`IPR2013-00507 (Patent 8,187,334)
`IPR2013-00508 (Patent 8,187,334)1
`____________
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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. § 326(a)(10)
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`1 This order addresses an issue that is identical in all three cases. Therefore,
`we exercise discretion to issue one order to be filed in each of the three
`cases. The parties, however, are not authorized to use this style heading.
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`IPR2013-00506 (Patent 8,361,156)
`IPR2013-00507 (Patent 8,187,334)
`IPR2013-00508 (Patent 8,187,334)
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`Both parties request a hearing in each of the three cases pursuant to 37
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`C.F.R. § 42.70. The requests are granted.
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`Each party will have ninety (90) minutes total time to present
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`arguments for the three cases. Because the three cases involve similar
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`issues, Petitioner will proceed first to present its case with respect to the
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`challenged claims and grounds for which the Board instituted trial for all
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`cases. Thereafter, Patent Owner will respond to Petitioner’s presentation for
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`all three cases. Petitioner may reserve rebuttal time to respond to Patent
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`Owner’s presentation with respect to the three cases.
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`The hearing for these cases will commence at 1:00 PM Eastern Time,
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`on November 18, 2014, and it will be open to the public for in-person
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`attendance, on the ninth floor of Madison Building East, 600 Dulany Street,
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`Alexandria, Virginia. In-person attendance will be accommodated on a first-
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`come first-served basis. The Board will provide a court reporter for the
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`hearing and the reporter’s transcript will constitute the official record of the
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`hearing.
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`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served
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`five business days prior to the hearing. They shall be filed at the Board two
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`business days prior to the hearing, and the parties must initiate a conference
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`call with the Board by two business days prior to the hearing to resolve any
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`dispute over the propriety of each party’s demonstrative exhibits. Any
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`dispute over the propriety of demonstrative exhibits that is not timely
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`presented two business days prior to the hearing will be considered waived.
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`The parties are directed to CBS Interactive Inc. v. Helferich Patent
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`Licensing, LLC, IPR2013-00033, Paper 118 (October 23, 2013), regarding
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`2
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`IPR2013-00506 (Patent 8,361,156)
`IPR2013-00507 (Patent 8,187,334)
`IPR2013-00508 (Patent 8,187,334)
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`the appropriate content of demonstrative exhibits.
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`Questions regarding specific audio-visual equipment should be
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`directed to the Board at (571) 272-9797. Requests for audio-visual
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`equipment are to be made 5 days in advance of the hearing date. The
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`request is to be sent to Trials@uspto.gov. If the request is not received
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`timely, the equipment may not be available on the day of the hearing.
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`The Board expects lead counsel for each party to be present at
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`hearing, although any backup counsel may make the actual presentation, in
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`whole or in part. If any lead counsel will not be in attendance at hearing, the
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`Board should be notified via a joint telephone conference call no later than
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`two days prior to the hearing to discuss the matter.
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`3
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`4
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`IPR2013-00506 (Patent 8,361,156)
`IPR2013-00507 (Patent 8,187,334)
`IPR2013-00508 (Patent 8,187,334)
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`For PETITIONER:
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`Jeff Schwartz
`jeschwartz@foxrothschild.com
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`Seth Kramer
`skramer@foxrothschild.com
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`For PATENT OWNER:
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`Stephen Schaefer
`schaefer@fr.com
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`Michael Hawkins
`hawkins@fr.com
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`Stuart Nelson
`IPR13958-0116IP2@fr.com