`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`MEDTRONIC, INC., MEDTRONIC VASCULAR, INC.,
`and MEDTRONIC COREVALVE, LLC
`Petitioner
`
`v.
`
`TROY R. NORRED, M.D.
`Patent Owner
`
`____________
`
`Case IPR2014-00110
`Patent 6,482,228
`____________
`
`Attorney Docket No. 058888-0000014
`
`____________
`
`JOINT MOTION TO ADJUST DUE DATE
`
`
`
`
`
`
`Medtronic, Inc., Medtronic Vascular, Inc., and Medtronic CoreValve, LLC
`
`(collectively “Petitioner”) and Patent Owner, Troy R. Norred, jointly move the
`
`Board to move Due Date 6, currently set as December 22, 2014, to January 19,
`
`2015.
`
`On October 29, 2014, the Board entered a revised schedule in IPR2014-
`
`00110 (Paper 28), IPR2014-00111 (Paper 28), and IPR2014-00395 (Paper 20) so
`
`that there would be a single oral argument date of January 27, 2015 for all three
`
`proceedings. Given time constraints and witness availability for depositions, the
`
`parties have agreed, subject to Board approval, to revise Due Dates 4, 5 and 6 of
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`IPR2014-00110 and IPR2014-00111 to coincide with those in IPR2014-00395.
`
`As set forth in the Scheduling Orders for each proceeding, the parties may
`
`stipulate to different dates for Due Dates 1 through 5 (earlier or later, but no later
`
`than Due Date 6). As such, the parties jointly contacted the Board on October 31,
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`2014 for guidance on how to align the schedules in the three proceedings such that
`
`Due Dates 4, 5 and 6 in IPR2014-00110 and IPR2014-00111 coincide with those
`
`in IPR2014-00395. In an email dated October 31, 2014, the Board advised that the
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`parties should file a Notice of Stipulation to reflect the change in Due Dates 4 and
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`5 to December 31, 2014, and January 9, 2015, respectively. The Board also author-
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`ized the parties to file a Joint Motion in IPR2014-00110 and IPR2014-00111 to
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`move Due Date 6 to January 19, 2015.
`
`
`
`Under 37 C.F.R. § 42.5(c)(2), a request for an extension of time must be
`
`supported by a showing of good cause. Here, the parties seek to increase efficiency
`
`and reduce costs by coordinating efforts between the related proceedings. To that
`
`end, the parties have sought to align the shared remaining due dates. The requested
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`change to Due Date 6 should not negatively impact the Board’s ability to issue a
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`final determination within the time limits imposed under 35 U.S.C. § 316(a)(11),
`
`as the parties have not sought to adjust the oral argument date recently set by the
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`Board. In view of the foregoing, good cause exists to support the parties’ joint re-
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`quest to move Due Date 6 in IPR2014-00110 so that it coincides with Due Date 6
`
`in IPR2014-00395.
`
`Below is a Due Date Appendix, reflecting the remaining Due Dates, which
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`have been updated to reflect stipulated Due Dates 4 and 5, and proposed Due Date
`
`6.
`
`DUE DATE APPENDIX
`
`DUE DATE 3………………………………………………… ……..Nov. 24, 2014
`
`Patent owner’s reply to petitioner opposition to motion to amend
`
`DUE DATE 4…………………………………………………………Dec. 31, 2014
`
`Motion for observation regarding cross-examination of reply witness
`
`Motion to exclude evidence
`
`Request for oral argument
`
`
`
`2
`
`
`
`DUE DATE 5………………………………………………….………..Jan. 9, 2014
`
`Patent owner’s response to observation
`
`Opposition to motion to exclude
`
`DUE DATE 6…………………………………………………...……. Jan. 19, 2015
`
`Reply to opposition to motion to exclude
`
`DUE DATE 7………………………………………………………….Jan. 27, 2015
`
`Oral argument (if requested)
`
`
`
`In view of the foregoing, the parties respectfully request that the Board grant
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`the parties’ joint motion, and move Due Date 6 to January 19, 2015.
`
`This paper is being filed by Petitioner with the approval of counsel for Pa-
`
`tent Owner.
`
`Date: November 3, 2014
`
`
`Respectfully submitted,
`
`By:
`
`/s/ Jack S. Barufka
`
`Jack S. Barufka (Reg. No. 37,087)
`Pillsbury Winthrop Shaw Pittman LLP
`1650 Tysons Boulevard
`McLean, Virginia 22102
`Tel. No. 703.770.7712
`Fax No. 703.905.2500
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Attorneys for Petitioner
`
`
`3
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that the foregoing “JOINT MOTION TO ADJUST DUE
`
`DATE” was served electronically through the Patent Trial and Appeal Board’s Pa-
`
`tent Review Processing System (PRPS) this 3rd day of November, 2014 on the fol-
`
`lowing counsel for Patent Owner, Troy R. Norred:
`
`David Marcus
`Bartle & Marcus LLC
`1100 Main Street, Suite 2730
`Kansas City, MO 64105
`
`
`James J. Kernell
`Erickson Kernell Derusseau & Kleypas, LLC
`8900 State Line Road, Suite 500
`Leawood, KS 66206
`
`Respectfully submitted,
`
`By:
`
`/s/ Jack S. Barufka
`
`Jack S. Barufka (Reg. No. 37,087)
`Pillsbury Winthrop Shaw Pittman LLP
`1650 Tysons Boulevard
`McLean, Virginia 22102
`Tel. No. 703.770.7712
`Fax No. 703.905.2500
`
`
`
`
`
`Attorneys for Petitioner
`
`
`Date: November 3, 2014
`
`
`
`
`
`
`
`
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`
`
`
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