`Filed on behalf of: BONUTTI SKELETAL INNOVATIONS LLC
`Date: March 13, 2014
`
`By: Cary Kappel, Lead Counsel
`
`William Gehris, Backup Counsel
`
`Davidson, Davidson & Kappel, LLC
`
`485 Seventh Avenue
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` New York, NY 10018
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`Telephone (212) 736-1257
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`
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`(212) 736-2015
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`Facsimile (212) 736-2427
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`E-mail:
`ckappel@ddkpatent.com
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`
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`wgehris@ddkpatent.com
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`
`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`ZIMMER HOLDNGS,
`INC. and ZIMMER, INC.
`Petitioner,
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`v.
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`BONUTTI SKELETAL INNOVATIONS LLC
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`Patent Owner
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`Case: IPR2014-00321
`
`Patent 7,806,896
`_______________
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`PATENT OWNER’S ELECTION
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`Case: IPR2014-00321
`Patent 7,806,896
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`Patent Owner hereby files this notice of election to waive the patent owner
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`
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`preliminary response. 37 C.F.R. § 42.107(b). This notice is timely, having been filed
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`within three months of the January 16, 2014, Notice of Filing Date Accorded to
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`Petition (Paper No. 4) . Id. Patent Owner understands that no adverse inference will
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`be drawn from this election. Office Patent Trial Practice Guide, 77 Fed. Reg. 48756
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`at 48764 (August 14, 2012).
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`Patent Owner notes that United States Patent No. 7,806,896 (896 patent) is the
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`subject of two other inter partes reviews: IPR 2013-00629, filed by Smith &
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`Nephew, Inc. (“Smith & Nephew IPR”) on September 26, 2013, and IPR 2014-
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`00354 filed by Wright Medical Group, Inc. et al. (“Wright IPR”) on January 3, 2014.
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`The Wright IPR seeks review of claim 40, which is also the subject of the instant
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`proceeding.
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`Patent Owner understands that joinder can only be requested by a party
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`after the Board’s institution decision (Paper 11). Patent Owner reserves the right
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`to do so.
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`However, the Board has broad authority under 37 CFR § 42.122 (a) and 35
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`U.S.C.§ § 315(c, d) to manage proceedings, and should use that authority to
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`consolidate or join the three IPRs-- or at minimum set the scheduled due dates of
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`all three IPRs to coincide --in the interests of both efficiency for the Board, and to
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`2
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`mitigate the prejudice and increased cost to Patent Owner.
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`
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`Case: IPR2014-00321
`Patent 7,806,896
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`March 13, 2014
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`By:
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`
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`Respectfully submitted,
`
`
`
` /Cary Kappel/
`Cary Kappel, Reg. 36,561
`William Gehris, Reg. 38,156
`Davidson, Davidson & Kappel, LLC
`485 Seventh Avenue
`New York, NY 10018
`
`Counsel for Patent Owner
`BONUTTI SKELETAL INNOVATIONS
`LLC
`
`3
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`Case: IPR2014-00321
`Patent 7,806,896
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`CERTIFICATE OF SERVICE
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`I hereby certify that on this 13th day of March 2014, a true and correct copy
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`of the foregoing PATENT OWNER’S ELECTION was served by electronic mail
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`and U.S. Post Office Express Mail, upon the following counsel of record for
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`Petitioners ZIMMER HOLDINGS, INC. and ZIMMER, INC.:
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`
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`
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`Walter C. Linder
`Faeger Baker Daniels, LLP
`2200 Wells Fargo Center
`90 S. Seventh Street
`Minneapolis, MN 55402
`Walter.linder@FaegreBD.com
`
`
`Daniel Lechleiter
`Faeger Baker Daniels, LLP
`300 N. Meridian St.
`Suite 2700
`Indianapolis, IN 46204-1750
`Daniel.Lechleiter@FaegreBD.com
`
` /Cary Kappel/
`Cary Kappel
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