throbber

`
`
`
`
`
`
`
`
`
`
`
`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
`
`______________________
`
`
`
`PATENT OWNER’S REQUEST FOR ORAL ARGUMENT
`
`
`
`
`
`

`

`
`
`
`
`Pursuant to 37 C.F.R. § 42.70(a), Patent Owner submits this Request for
`
`Oral Argument on all of the instituted grounds of unpatentability of claims
`
`16-19 of U. S. Patent No. 6,482,228 under 35 U.S.C. § 102. The Board has
`
`already scheduled Oral Hearing for January 27, 2015 (Paper 28). Patent Owner
`
`respectfully requests that the Board provide Patent Owner with 30 minutes in
`
`which to present its arguments in response to Petitioner’s arguments in this
`
`case.1
`
`Patent Owner requests to address the following issues, without waiving
`
`consideration of any issue not listed below:
`
`1. Whether Patent Owner has met his burden of proving he is
`
`entitled to a date of invention prior to U. S. Patent No. 6,440,164 to DiMatteo
`
`(“DiMatteo”).
`
`2. Whether Petitioner has met its burden of proving that
`
`DiMatteo anticipates claims 16-19 of the ’228 Patent.
`
`3. Whether Petitioner has met its burden of proving that U. S.
`
`Patent No. 4,030,142 to Wolfe anticipates claims 16-18 of the ’228 Patent.
`
`
`
`
`
`
`1 Patent Owner is requesting, in concurrent filings, an additional 30 minutes of oral
`argument in Case No. IPR2014-00111 and in Case No. IPR2014-00395, for 90
`minutes of oral argument total.
`
`1
`
`

`

`
`
`
`
`4. Whether Patent Owner has met his burden of proving that
`
`proposed substitute claim 25 is patentable over prior art.
`
`Respectfully Submitted,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`By: /s/ James J. Kernell
`
`
`
`
`
`
`
`
`
`
`
`James J. Kernell, Reg. No. 42720
`
`ERICKSON KERNELL DERUSSEAU
`
`& KLEYPAS, LLC
`
`8900 State Line Road, Suite 500
`
`Leawood, Kansas 66206
`
`Telephone: (913) 549-4700
`
`Facsimile: (913) 549-4646
`
`Email: jjk@kcpatentlaw.com
`
`
`
`David L. Marcus (pro hac vice)
`
`BARTLE & MARCUS LLC
`
`1100 Main Street, Suite 2730
`
`Kansas City, Missouri 64105
`
`Telephone: (816) 256-4699
`
`Facsimile: (816) 222-0534
`
`Email: dmarcus @bmlawkc.com
`
`Attorneys for Patent Owner
`
`Troy Norred, M.D.
`
`
`
`
`
`
`
`2
`
`

`

`
`
`
`
`CERTIFICATE OF SERVICE
`
`
`
`I hereby certify that on this 31st day of December 2014, the foregoing
`
`Request for Oral Argument has been served electronically through the Patent
`
`Trial and Appeals Board’s Patent Review Processing System (PRPS) upon the
`
`lead and back-up counsel for the Petitioner, JACK BARUFKA and EVAN
`
`FINKEL, both of Pillsbury Winthrop Shaw Pittman LLP.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ James J. Kernell
`
`
`
`
`
`Attorney for Patent Owner
`
`3
`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket