`Tel: 571-272-7822
`
`Paper 42
`Entered: January 23, 2015
`
`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.
`
`Cases IPR2014-00110, -00111, -00395
`Patent 6,482,228 B1
`
`
`
`
`
`
`
`
`
`Before MITCHELL G. WEATHERLY, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`Inter partes reviews IPR2014-00110, -00111, and -00395 relating to
`
`U.S. Patent No. 6,482,228 B1 (“the ’228 patent”) were instituted on April
`
`25, 2014, for IPR2014-00110 and -00111 (Paper 10 in both proceedings) and
`
`June 27, 2014, for IPR2014-00395 (Paper 13). A Revised Scheduling Order
`
`for all three cases was issued on October 29, 2014, which set the date for
`
`oral hearing to January 27, 2015, if a hearing were requested by the parties
`
`and granted by the Board. Paper 28 (IPR2014-00110 and -00111); Paper 20
`
`(IPR2014-00395).
`
`
`
`IPR2014-00110, -00111, and -00395
`Patent 6,482,228 B1
`
`Both parties have requested oral hearing pursuant to 37 C.F.R.
`
`§ 42.70. E.g., Papers 36 and 38 (IPR2014-00110). Petitioner’s and Patent
`
`Owner’s requests for oral hearing are granted. Each party will have one
`
`hour to present arguments.
`
`Petitioner bears the ultimate burden of proof that Patent Owner’s
`
`claims at issue in this review are unpatentable. Patent Owner bears the
`
`burden of proof with respect to its motions to amend (Papers18 in IPR2014-
`
`00110 and -00111; Paper 17 in IPR2014-00395). Petitioner will open the
`
`hearing by presenting its case regarding the challenged claims for which the
`
`Board instituted trial. Patent Owner will then respond to Petitioner’s
`
`argument and also argue in support of its motion to amend claims. Each
`
`party may reserve time to respond to arguments presented by the other party
`
`with some limitations. More specifically, to the extent that Petitioner
`
`reserves time, it may respond to Patent Owner’s presentation on all matters.
`
`To the extent that Patent Owner reserves time, it may respond to Petitioner’s
`
`arguments opposing the motion to amend claims.
`
`The hearing will commence at 2:00 P.M., on January 27, 2015, on the
`
`ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
`
`Virginia. The Board will provide a court reporter for the hearing and the
`
`reporter’s transcript will constitute the official record of the hearing. The
`
`hearing will be open to the public for in-person attendance that will be
`
`accommodated on a first-come, first-served basis.
`
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at
`
`least five business days before the hearing and filed at the Board at least two
`
`business days before the hearing. The parties must initiate a conference call
`
`with the Board at least two business days before the hearing to present any
`
`2
`
`
`
`IPR2014-00110, -00111, and -00395
`Patent 6,482,228 B1
`
`objection regarding the propriety of any demonstrative exhibit. Any
`
`objection to demonstrative exhibits that is not timely presented will be
`
`considered waived.
`
`Requests for audio-visual equipment are to be made no later than five
`
`days in advance of the hearing date. The request is to be sent to
`
`Trials@uspto.gov. If the request is not received timely, the equipment may
`
`not be available on the day of the hearing.
`
`The Board expects lead counsel for each party to be present in person
`
`at the oral hearing. However, lead or backup counsel may present the
`
`party’s argument. If either party anticipates that its lead counsel will not be
`
`attending the oral argument, the parties should initiate a joint telephone
`
`conference with the Board no later than two business days prior to the oral
`
`hearing to discuss the matter.
`
`3
`
`
`
`IPR2014-00110, -00111, and -00395
`Patent 6,482,228 B1
`
`PETITIONER:
`
`Jack Barufka
`Evan Finkel
`PILLSBURY WINTHROP SHAW PITTMAN LLP
`jack.barufka@pillsburylaw.com
`evan.finkel@pillsburylaw.com
`
`PATENT OWNER:
`
`James J. Kernell
`ERICKSON KERNELL DERUSSEAU & KLEYPAS, LLC
`jjk@kcpatentlaw.com
`
`David L. Marcus
`BARTLE & MARCUS LLC
`dmarcus@bmlawkc.com
`
`4
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
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.
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.
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
