`571-272-7822
`
` Paper 12
` Entered: March 5, 2014
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SMITH & NEPHEW, INC.
`Petitioner
`
`v.
`
`BONUTTI SKELETAL INNOVATIONS LLC
`Patent Owner
`____________
`
`Case IPR2013-00629
`Patent 7,806,896 B1
`
`
`Before WILLIAM V. SAINDON, MICHAEL R. ZECHER, and
`RICHARD E. RICE, Administrative Patent Judges.
`
`ZECHER, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`Case IPR2013-00629
`Patent 7,806,896 B1
`
`
`A conference call in the above proceeding was held on March 4, 2014,
`
`between respective counsel for Petitioner and Patent Owner, and Judges
`
`Zecher, Saindon, and Rice. Counsel for Petitioners in IPR2014-00321 and
`
`IPR2014-00354 also participated in the call. The purpose of the call was to
`
`discuss the potential impact of this proceeding on IPR2014-00321 and
`
`IPR2014-00354.
`
`
`
`Patent Owner began the call by informing the Board that both
`
`IPR2014-00321 and IPR2014-00354 seek review of U.S. Patent No.
`
`7,806,896 B1—the same patent being reviewed in this proceeding. Patent
`
`Owner explained that, if the Board institutes inter partes reviews in
`
`IPR2014-00321 and IPR2014-00354, certain efficiencies may be achieved
`
`by consolidating or joining all three proceedings. Counsel for each
`
`Petitioner agreed to work with Patent Owner to achieve efficiencies, but
`
`separately noted that, because the Board has yet to determine whether to
`
`institute an inter partes review in either IPR2014-00321 or IPR2014-00354,
`
`consolidating or joining all three proceedings is premature at this time. The
`
`Board agreed, but informed the parties that it may revisit the issue once a
`
`determination has been made whether to institute inter partes reviews in
`
`IPR2014-00321 and IPR2014-00354.
`
`
`
`
`
`2
`
`
`
`Case IPR2013-00629
`Patent 7,806,896 B1
`
`For PETITIONER:
`
`David Cavanaugh
`Michael Smith
`WILMER CUTLER PICKERING HALE AND DORR LLP
`David.Cavanaugh@wilmerhale.com
`Michaelh.Smith@wilmerhale.com
`
`
`
`
`For PATENT OWNER:
`
`Cary Kappel
`William Gehris
`Davidson, Davidson, & Kappel, LLC
`ckappel@ddkpatent.com
`wgehris@ddkpatent.com
`
`
`
`
`3
`
`