`571-272-7822
`
`
`Paper 6
`Entered: February 24, 2014
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MEDTRONIC, INC.
`Petitioner
`
`v.
`
`ROBERT BOSCH HEALTHCARE SYSTEMS, INC.
`Patent Owner
`____________
`
`Case IPR2014-00436
`Patent 7,587,469 B2
`
`
`
`Before STEPHEN C. SIU, JUSTIN T. ARBES, and MIRIAM L. QUINN,
`Administrative Patent Judges.
`
`ARBES, Administrative Patent Judge.
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`A conference call in the above proceeding was held on February 19,
`2014, among respective counsel for Petitioner and Patent Owner, and Judges
`Siu, Arbes, and Quinn. The purpose of the call was to discuss Petitioner’s
`petition (Paper 5) to institute an inter partes review of claims 1-22 of U.S.
`
`
`
`Case IPR2014-00436
`Patent 7,587,469 B2
`
`Patent No. 7,587,469 B2 and motion for joinder (Paper 4) with Case
`IPR2013-00451 (“the -451 case”), both filed on February 14, 2014.
`Patent Owner stated during the call that it intends to oppose the
`motion for joinder. As discussed during the call, Patent Owner will be
`permitted to file an opposition to the motion for joinder by March 14, 2014.
`In its opposition, Patent Owner should address Petitioner’s proposed revised
`trial schedule on page 8 of the motion and state, if joinder is granted, what
`schedule Patent Owner would propose. The due date for Patent Owner to
`file a preliminary response in the instant proceeding, should it choose to do
`so, will be set to April 4, 2014.
`Also, on February 14, 2014, Cardiocom, LLC (the petitioner in the
`-451 case and a wholly-owned subsidiary of Medtronic, Inc.) filed in the
`-451 case a motion for joinder with this proceeding. See IPR2013-00451,
`Paper 30. Petitioner acknowledged during the call that it is seeking joinder
`of this proceeding with the instituted -451 case, not the reverse, and stated
`that the second motion was filed to make clear that Cardiocom, LLC does
`not oppose joinder of the two proceedings. Petitioner agreed to withdrawal
`of the motion in the -451 case.
`In consideration of the foregoing, it is hereby:
`ORDERED that Patent Owner is authorized to file in this proceeding
`an opposition to Petitioner’s motion for joinder by March 14, 2014, limited
`to ten pages;
`FURTHER ORDERED that no reply is authorized;
`FURTHER ORDERED that Patent Owner may file a preliminary
`response in this proceeding by April 4, 2014;
`
`
`
`2
`
`
`
`Case IPR2014-00436
`Patent 7,587,469 B2
`
`
`FURTHER ORDERED that the motion for joinder in Case
`IPR2013-00451 (Paper 30) is considered withdrawn; and
`FURTHER ORDERED that a copy of this Order be entered into the
`file of Case IPR2013-00451.
`
`
`
`3
`
`
`
`Case IPR2014-00436
`Patent 7,587,469 B2
`
`PETITIONER:
`
`Daniel W. McDonald
`Andrew J. Lagatta
`Jeffrey Blake
`MERCHANT & GOULD, P.C.
`dmcdonald@merchantgould.com
`alagatta@merchantgould.com
`jblake@merchantgould.com
`
`
`
`PATENT OWNER:
`
`Don Daybell
`Davin M. Stockwell
`ORRICK, HERRINGTON & SUTCLIFFE LLP
`ddaybell@orrick.com
`dstockwell@orrick.com
`
`
`
`
`4
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
