`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