`Tel: 571-272-7822
`
`Paper 20
`Entered: October 29, 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.
`
`Cases IPR21014-00110
`IPR2014-00111
`IPR2014-003951
`Patent 6,482,228 B1
`
`
`
`
`
`
`
`
`
`Before SHERIDAN K. SNEDDEN, BARRY L. GROSSMAN, and
`MITCHELL G. WEATHERLY, Administrative Patent Judges.
`
`WEATHERLY, Administrative Patent Judge.
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`A conference call was conducted on October 28, 2014, among
`
`Administrative Patent Judges Weatherly, Snedden, and Grossman and
`
`counsel for Petitioner and Patent Owner. The call was a follow up to the call
`
`
`1 We use this caption in this paper to indicate that this Order is to be entered
`in all three trials. The parties are not authorized to use this caption.
`
`
`
`IPR21014-00110
`IPR2014-00111
`IPR2014-00395
`Patent 6,482,228 B1
`
`of October 24, 2014, during which we instructed the Parties to confer
`
`regarding: 1) whether a substitute Patent Owner’s Response was required or
`
`desirable and 2) the most appropriate schedule for coordinating efforts in
`
`IPR2014-00110, IPR2014-00111, and IPR2014-00395 so that a single
`
`hearing could be conducted for all three proceedings.
`
`The Patent Owner confirmed that it no longer believes that a
`
`substitute Patent Owner’s Response is necessary. Based on discussions
`
`about potential modifications to the schedule in this proceeding and
`
`IPR2014-00110 and IPR2014-00111, we reschedule the oral hearing in
`
`IPR2014-00110, IPR2014-00111, and IPR2014-00395 to occur in a single
`
`session on January 27, 2015. The remaining due dates in IPR2014-00395
`
`require alteration to support a hearing on January 27, 2015.
`
`Accordingly, it is ORDERED that DUE DATES 2–7 in IPR2014-
`
`00395 are set as follows:
`
`DUE DATE 2 ......................................................... November 24, 2014
`
`Petitioner’s reply to patent owner’s response to petition
`
`Petitioner’s opposition to motion to amend
`
`DUE DATE 3 .......................................................... December 11, 2014
`
`Patent owner’s reply to petitioner’s opposition to motion to amend
`
`DUE DATE 4 .......................................................... December 31, 2015
`
`Motion for observation regarding cross-examination of reply witness
`
`Motion to exclude evidence
`
`Request for oral argument
`
`2
`
`
`
`IPR21014-00110
`IPR2014-00111
`IPR2014-00395
`Patent 6,482,228 B1
`
`DUE DATE 5 ............................................................... January 9, 2015
`
`Response to observation
`
`Opposition to motion to exclude
`
`DUE DATE 6 ............................................................. January 19, 2015
`
`Reply to opposition to motion to exclude
`
`DUE DATE 7 ............................................................. January 27, 2015
`
`Oral argument (if requested)
`
`It is FURTHER ORDERED that DUE DATE 7 in IPR2014-00110
`
`and IPR2014-00111 is set for January 27, 2015.
`
`It is FURTHER ORDERED that the Scheduling Orders in IPR2014-
`
`00110 (Paper 11), IPR2014-00111 (Paper 11), and IPR2014-00395 (Paper
`
`14) remain otherwise unchanged.
`
`3
`
`
`
`IPR21014-00110
`IPR2014-00111
`IPR2014-00395
`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
`
`
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