`571-272-7822
`
`
`
`
`
`Paper No. 10
` Entered: May 12, 2014
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`EDWARDS LIFESCIENCES CORPORATION
`Petitioner
`v.
`
`MEDTRONIC, INC.
`Patent Owner
`____________
`
`Case IPR2014-00362
`Patent 6,306,141
`____________
`
`
`
`Before SALLY C. MEDLEY, STEPHEN C. SIU, and JOSIAH C. COCKS,
`Administrative Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceeding
` 37 C.F.R. § 42.5
`
`
`On May 9, 2014, a conference call was held between counsel for the
`
`respective parties and Judges Medley, Siu, and Cocks. The purpose of the
`
`call was for Petitioner to seek authorization to file belatedly a corrected
`
`petition. The request was unopposed. For the reasons provided below, the
`
`request is granted.
`
`
`
`Case IPR2014-00362
`Patent 6,306,141
`
`
`On January 29, 2014, the Board sent a notice of the filing date
`
`accorded to the petition. Paper 3. The notice indicated that there was an
`
`improper usage of claim charts, because the claim charts contained attorney
`
`argument. Petitioner was provided five days to correct the noted defect.
`
`Petitioner did not file a corrected petition, and Patent Owner indicated this in
`
`its preliminary response. Paper 9 at 25.
`
`During the conference call, counsel for Petitioner explained that due
`
`to numerous events, Petitioner was not made aware of a need to correct its
`
`petition until it received Patent Owner’s preliminary response, which
`
`pointed out that no corrected petition had been filed. Counsel for Petitioner
`
`further explained that Petitioner contacted Patent Owner to explain what had
`
`happened and to ascertain whether Patent Owner would oppose the belated
`
`filing of a corrected petition. Petitioner further provided a redlined version
`
`of its proposed corrected petition to Patent Owner so that Patent Owner
`
`could make an informed decision as to whether it would oppose the filing of
`
`a corrected petition. Counsel for Patent Owner indicated, during the call,
`
`that Patent Owner did not oppose the filing of a corrected petition for the
`
`sole purpose of removing attorney arguments from the claim charts.
`
`Based on the facts presented, Petitioner has shown good cause to file
`
`belatedly a corrected petition. The request is granted. The parties are
`
`commended for working together to resolve the matter in a highly
`
`professional manner.
`
`It is
`
`ORDERED that Petitioner’s request to file a corrected petition for the
`
`sole purpose of removing attorney arguments from claim charts is granted;
`
`
`
`2
`
`
`
`Case IPR2014-00362
`Patent 6,306,141
`
`
`FURTHER ORDERED that the “Corrected Petition” is due no later
`
`than May 14, 2014.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`For PETITIONER:
`
`David Moreland
`dmoreland@mcciplaw.com
`
`Gregory Carlin
`gcarlin@mcciplaw.com
`
`For PATENT OWNER:
`
`John Molenda
`jmolenda@mayerbrown.com
`
`Sharon Israel
`sisrael@mayerbrown.com
`
`3
`
`
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