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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`MEDTRONIC, INC.
`Petitioner
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`v.
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`NUVASIVE, INC.
`Patent Owner
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`Case IPR2014-00487
`Patent 8,361,156
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`PATENT OWNER NUVASIVE, INC.’S
`MANDATORY NOTICES
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`Case IPR2014-00487
`Attorney Docket No: 13958-0116IP3
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`PATENT OWNER’S MANDATORY NOTICES
`UNDER 37 C.F.R. § 42.8
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`Pursuant to 37 C.F.R. § 42.8, the patent owner, NuVasive, Inc. (“Patent
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`Owner”), hereby submits the following Mandatory Notices in response to the
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`Petition for Inter Partes Review of U.S. Patent No. 8,361,156.
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`1.
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`Real Party-In-Interest under 37 CFR § 42.8(b)(1)
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`NuVasive, Inc. is the Patent Owner and the Real Party-In-Interest in this
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`proceeding.
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`2.
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`Related Matters under 37 CFR § 42.8(b)(2)
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`The following judicial or administrative matters may affect or be affected by
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`a decision in this proceeding:
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`Warsaw Orthopedic, Inc. et al. v. NuVasive, Inc., Southern District of
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`California, Case No. 3:13-cv-02738-CAB-MDD, transferred from the Northern
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`District of Indiana and originally filed as Case No. 3:12-cv-00438-JD-CAN. In
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`this litigation, the patent that is subject of the present petition was asserted by
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`patent owner, NuVasive, Inc., against Medtronic, Inc. and other of its affiliates by
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`way of counterclaim brought by NuVasive, Inc.
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`In addition, U.S. Patent No. 8,361,156, is also subject to Inter Partes
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`Review Proceeding Number IPR2013-00506, filed August 14, 2013, which has
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`been instituted by the Board. U.S. Patent No. 8,361,156 was also the subject of
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`2
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`Case IPR2014-00487
`Attorney Docket No: 13958-0116IP3
`Inter Partes Review Proceeding Number IPR2013-00504, filed August 14, 2013,
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`whose institution was denied by the Board on February 13, 2014.
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`3.
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`Lead and Back-Up Counsel, under 37 CFR § 42.8(b)(3)
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`The Patent Owner designates the following lead and back-up counsel:
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`LEAD COUNSEL
`Stephen R. Schaefer, Reg. No. 37,927
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`Tel: (612) 337-2508
`Email:
`schafer@fr.com
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`IPR13958-0116IP3@fr.com
`Fax:
`(877) 769-7945
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`4.
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`BACK-UP COUNSEL
`Michael T. Hawkins, Reg. No. 57,867
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`Tel: (612) 337-2569
`Email: hawkins@fr.com
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`IPR13958-0116IP3@fr.com
`Fax:
`(877) 769-7945
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`Service Information under 37 CFR § 42.8(b)(4)(i) et seq.
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`Please address all correspondence and service to both counsel as listed
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`above. Patent Owner consents to service by email at IPR13958-0116IP3@fr.com
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`(ref.: Docket No. 13958-0116IP3).
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`Date: March 25, 2014
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`Customer Number 26171
`Fish & Richardson P.C.
`Telephone: (612) 337-2569
`Facsimile: (877) 769-7945
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`Respectfully submitted,
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` /Michael T. Hawkins/
`Michael T. Hawkins
`Reg. No. 57,867
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`3
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`Case IPR2014-00487
`Attorney Docket No: 13958-0116IP3
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 CFR §§ 42.6(e)(4) and 42.205(b), the undersigned certifies
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`that on March 25, 2014, a complete and entire copy of this Patent Owner
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`NuVasive, Inc.’s Mandatory Notices and Power of Attorney were provided via
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`email, to the Petitioner by serving the correspondence email address of record as
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`follows:
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`Jeff E. Schwartz
`1030 15th Street, NW
`Washington, DC 20005
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`Seth A. Kramer
`2000 Market Street, 20th Floor
`Philadelphia, PA 19103
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`Email: ipdocket@foxrothschild.com
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`/Edward G. Faeth/
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`Edward G. Faeth
`Fish & Richardson P.C.
`60 South Sixth Street, Suite 3200
`Minneapolis, MN 55402
`(202) 626-6420
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`4
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