Trials@uspto.gov
`571-272-7822
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`Paper 11
`Date: April 25, 2014
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`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 IPR2014-00111
`Patent 6,482,228 B1
`_______________
`
`Before JOSIAH C. COCKS, SHERIDAN K. SNEDDEN, and
`BARRY L. GROSSMAN, Administrative Patent Judges.
`
`GROSSMAN, Administrative Patent Judge.
`
`
`SCHEDULING ORDER
`
`
`
`
`
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`
`
`
`
`571-272-7822
`
`
`
`
`
`
`
`
`Paper 11
`Date: April 25, 2014
`
`
`
`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 IPR2014-00111
`Patent 6,482,228 B1
`_______________
`
`Before JOSIAH C. COCKS, SHERIDAN K. SNEDDEN, and
`BARRY L. GROSSMAN, Administrative Patent Judges.
`
`GROSSMAN, Administrative Patent Judge.
`
`
`SCHEDULING ORDER
`
`
`
`
`
`
`
`
`
`
`
`IPR2014-00111
`Patent 6,482,228 B1
`
`A. DUE DATES
`
`This order sets due dates for the parties to take action after institution of the
`
`proceeding. The parties may stipulate to different dates for DUE DATES 1
`
`through 5 (earlier or later, but no later than DUE DATE 6). A notice of the
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`stipulation, specifically identifying the changed due dates, must be promptly filed.
`
`The parties may not stipulate to an extension of DUE DATES 6 and 7.
`
`In stipulating to different times, the parties should consider the effect of the
`
`stipulation on times to object to evidence (37 C.F.R. § 42.64(b)(1)), to supplement
`
`evidence (37 C.F.R. § 42.64(b)(2)), to conduct cross-examination (37 C.F.R.
`
`§ 42.53(d)(2)), and to draft papers depending on the evidence and cross-
`
`examination testimony (see section B, below).
`
`The parties are reminded that the Testimony Guidelines appended to the
`
`Office Patent Trial Practice Guide, 77 Fed.Reg. 48,756, 48,772 (Aug. 14, 2012)
`
`(Appendix D), apply to this proceeding. The Board may impose an appropriate
`
`sanction for failure to adhere to the Testimony Guidelines. 37 C.F.R. § 42.12. For
`
`example, reasonable expenses and attorneys’ fees incurred by any party may be
`
`levied on a person who impedes, delays, or frustrates the fair examination of a
`
`witness.
`
`1. INITIAL CONFERENCE CALL
`
`The parties are directed to the Office Patent Trial Practice Guide, 77 Fed.
`
`Reg. 48,756, 48,765–66 (Aug. 14, 2012) for guidance in preparing for the initial
`
`conference call, and should be prepared to discuss any proposed changes to this
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`Scheduling Order and any motions the parties anticipate filing during the trial.
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`2. DUE DATE 1
`
`The patent owner may file—
`
`2
`
`
`
`
`IPR2014-00111
`Patent 6,482,228 B1
`
`
`a.
`
`b.
`
`A response to the petition (37 C.F.R. § 42.120), and
`
`A motion to amend the patent (37 C.F.R. § 42.121).
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`The patent owner must file any such response or motion to amend by DUE
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`DATE 1. If the patent owner elects not to file anything, the patent owner must
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`arrange a conference call with the parties and the Board. The patent owner is
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`cautioned that any arguments for patentability not raised in the response will be
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`deemed waived.
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`3. DUE DATE 2
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`The petitioner must file any reply to the patent owner’s response and
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`opposition to the motion to amend by DUE DATE 2.
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`4. DUE DATE 3
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`The patent owner must file any reply to the petitioner’s opposition to patent
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`owner’s motion to amend by DUE DATE 3.
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`5. DUE DATE 4
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`a.
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`Each party must file any motion for an observation on the cross-
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`examination testimony of a reply witness (see section C, below) by DUE DATE 4.
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`b.
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`Each party must file any motion to exclude evidence (37 C.F.R
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`§ 42.64(c)) and any request for oral argument (37 C.F.R. § 42.70(a)) by DUE
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`DATE 4.
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`6. DUE DATE 5
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`a.
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`Each party must file any reply to an observation on cross-examination
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`testimony by DUE DATE 5.
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`b.
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`Each party must file any opposition to a motion to exclude evidence
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`by DUE DATE 5.
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`3
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`
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`IPR2014-00111
`Patent 6,482,228 B1
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`7. DUE DATE 6
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`Each party must file any reply for a motion to exclude evidence by DUE
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`DATE 6.
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`8. DUE DATE 7
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`The oral argument (if requested by either party) is set for DUE DATE 7.
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`B. CROSS-EXAMINATION
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`Except as the parties might otherwise agree, for each due date—
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`1.
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`Cross-examination begins after any supplemental evidence is due. 37
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`C.F.R. § 42.53(d)(2).
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`2.
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`Cross-examination ends no later than a week before the filing date for
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`any paper in which the cross-examination testimony is expected to be used. Id.
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`C. MOTION FOR OBSERVATION ON CROSS-EXAMINATION
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`A motion for observation on cross-examination provides the parties with a
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`mechanism to draw the Board’s attention to relevant cross-examination testimony
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`of a reply witness because no further substantive paper is permitted after the reply.
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`See Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,768 (Aug. 14,
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`2012). The observation must be a concise statement of the relevance of precisely
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`identified testimony to a precisely identified argument or portion of an exhibit.
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`Each observation should not exceed a single, short paragraph. The opposing party
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`may respond to the observation. Any response must be equally concise and
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`specific.
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`4
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`IPR2014-00111
`Patent 6,482,228 B1
`
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`INITIAL CONFERENCE CALL …………………May 28, 2014 at 11 a.m. ET
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`DUE DATE APPENDIX
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`
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`DUE DATE 1………………………………………………… Jul. 17, 2014
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`
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`Patent owner’s response to the petition
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`Patent owner’s motion to amend the patent
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`
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`DUE DATE 2…………………………………………………. Oct. 10, 2014
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`Petitioner’s reply to patent owner response to petition
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`Petitioner’s opposition to motion to amend
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`DUE DATE 3………………………………………………… Nov. 10, 2014
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`
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`Patent owner’s reply to petitioner opposition to motion to amend
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`DUE DATE 4………………………………………………… Dec. 1, 2014
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`Motion for observation regarding cross-examination of reply witness
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`Motion to exclude evidence
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`Request for oral argument
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`DUE DATE 5………………………………………………… Dec. 15, 2014
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`Patent owner’s response to observation
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`Opposition to motion to exclude
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`
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`DUE DATE 6………………………………………………… Dec. 22, 2014
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`
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`Reply to opposition to motion to exclude
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`DUE DATE 7………………………………………………… Jan. 8, 2015
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`Oral argument (if requested)
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`
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`
`
`5
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`
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`IPR2014-00111
`Patent 6,482,228 B1
`
`FOR PETITIONER:
`
`Jack Barufka
`jack.barufka@pillsburylaw.com
`
`Evan Finkel
`evan.finkel@pillsburylaw.com
`
`
`
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`FOR PATENT OWNER:
`
`James Kernell
`jjk@kcpatentlaw.com
`
`
`
`
`6
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`
`
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