`Tel: 571-272-7822
`
`Paper 37
`Entered: January 23, 2015
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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.
`
`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
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`U.S. Patent No. 6,482,228 B1 (“the ’228 patent”) were instituted on April
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`25, 2014, for IPR2014-00110 and -00111 (Paper 10 in both proceedings) and
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`June 27, 2014, for IPR2014-00395 (Paper 13). A Revised Scheduling Order
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`for all three cases was issued on October 29, 2014, which set the date for
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`oral hearing to January 27, 2015, if a hearing were requested by the parties
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`and granted by the Board. Paper 28 (IPR2014-00110 and -00111); Paper 20
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`(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
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`Owner’s requests for oral hearing are granted. Each party will have one
`
`hour to present arguments.
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`Petitioner bears the ultimate burden of proof that Patent Owner’s
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`claims at issue in this review are unpatentable. Patent Owner bears the
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`burden of proof with respect to its motions to amend (Papers18 in IPR2014-
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`00110 and -00111; Paper 17 in IPR2014-00395). Petitioner will open the
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`hearing by presenting its case regarding the challenged claims for which the
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`Board instituted trial. Patent Owner will then respond to Petitioner’s
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`argument and also argue in support of its motion to amend claims. Each
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`party may reserve time to respond to arguments presented by the other party
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`with some limitations. More specifically, to the extent that Petitioner
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`reserves time, it may respond to Patent Owner’s presentation on all matters.
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`To the extent that Patent Owner reserves time, it may respond to Petitioner’s
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`arguments opposing the motion to amend claims.
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`The hearing will commence at 2:00 P.M., on January 27, 2015, on the
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`ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
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`Virginia. The Board will provide a court reporter for the hearing and the
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`reporter’s transcript will constitute the official record of the hearing. The
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`hearing will be open to the public for in-person attendance that will be
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`accommodated on a first-come, first-served basis.
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`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at
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`least five business days before the hearing and filed at the Board at least two
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`business days before the hearing. The parties must initiate a conference call
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`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
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`objection to demonstrative exhibits that is not timely presented will be
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`considered waived.
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`Requests for audio-visual equipment are to be made no later than five
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`days in advance of the hearing date. The request is to be sent to
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`Trials@uspto.gov. If the request is not received timely, the equipment may
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`not be available on the day of the hearing.
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`The Board expects lead counsel for each party to be present in person
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`at the oral hearing. However, lead or backup counsel may present the
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`party’s argument. If either party anticipates that its lead counsel will not be
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`attending the oral argument, the parties should initiate a joint telephone
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`conference with the Board no later than two business days prior to the oral
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`hearing to discuss the matter.
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`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