`571-272-7822
`
`
`
`
`
` Paper 36
`
` Entered: September 30, 2014
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MEDTRONIC, INC. and MEDTRONIC VASCULAR, INC.,
`Petitioner,
`
`v.
`
`ENDOTACH, LLC,
`Patent Owner.
`____________
`
`Case IPR2014-00100
`Patent 5,593,417
`____________
`
`
`
`Before JACQUELINE WRIGHT BONILLA, MICHAEL J. FITZPATRICK,
`and HYUN J. JUNG, Administrative Patent Judges.
`
`FITZPATRICK, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`
`
`
`
`Case IPR2014-00100
`Patent 5,593,417
`
`
`Patent Owner seeks authorization to file an errata sheet for the
`
`transcript of the deposition of its witness, James Silver, Ph.D., which
`
`occurred on August 28, 2014. Patent Owner attached the proposed errata
`
`sheet to a September 29, 2014, email to the Board. Patent Owner’s email
`
`also indicates specific errata that Petitioner opposes.
`
`We have reviewed the errata sheet and agree that each of the opposed
`
`errata appears designed to make the transcript reflect not what was actually
`
`stated by Dr. Silver, but rather to make it reflect something unstated.1 As a
`
`result of these proposed changes, we do not authorize Patent Owner to file
`
`the errata sheet that was attached to its email.
`
`We note that several other errata in the proposed errata sheet appear
`
`designed to correct the transcript so that it does reflect what was actually
`
`stated.2 Thus, Patent Owner may seek authorization to file a modified errata
`
`sheet, consistent with this Order. If it desires such authorization, Patent
`
`Owner should again first confer with Petitioner to see whether Petitioner
`
`opposes.
`
`Accordingly, it is
`
`ORDERED that Patent Owner’s request to file the proposed errata
`
`sheet is denied.
`
`
`
`
`
`
`1 For example, Patent Owner proposes, and Petitioner opposes, adding to
`testimony appearing at page 183 the following: “Answer is incomplete. I
`incorporate by reference my testimony at 182:18–22 and 224:22–226: 16.”
`2 For example, Patent Owner proposes, and Petitioner does not oppose,
`changing testimony appearing at page 180 of the transcript from “radially
`forced” to “a radial force.”
`
`
`
`2
`
`
`
`Case IPR2014-00100
`Patent 5,593,417
`
`PETITIONER:
`
`Jack Barufka
`barufka@pillsburylaw.com
`
`Evan Finkel
`evan.finkel@pillsburylaw.com
`
`Ngai Zhang
`ngai.zhang@pillsburylaw.com
`
`
`PATENT OWNER:
`
`Matthew Phillips
`matthew.phillips@renaissanceiplaw.com
`
`Brett Pinkus
`pinkus@fsclaw.com
`
`
`
`
`3
`
`
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