BSC USP 8,048,032
`Exhibit 1036
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`Page 1 of 5
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`Case: 14-1185 Document: 50-1 Page: 1 Filed: 04/15/2014
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`(1 of 5)
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`UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT
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`NOTICE OF ENTRY OF
`JUDGMENT ACCOMPANIED BY OPINION
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`OPINION FILED AND JUDGMENT ENTERED: 04/15/2014
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` The attached opinion announcing the judgment of the court in your case was filed and judgment was entered on
`the date indicated above. The mandate will be issued in due course.
`
` Information is also provided about petitions for rehearing and suggestions for rehearing en banc. The questions
`and answers are those frequently asked and answered by the Clerk's Office.
`
` Each side shall bear its own costs.
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` Regarding exhibits and visual aids: Your attention is directed Fed. R. App. P. 34(g) which states that the clerk
`may destroy or dispose of the exhibits if counsel does not reclaim them within a reasonable time after the clerk gives
`notice to remove them. (The clerk deems a reasonable time to be 15 days from the date the final mandate is issued.)
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`FOR THE COURT
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`/s/ Daniel E. O'Toole
`Daniel E. O'Toole
`Clerk of Court
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`cc: Edward Han
`Seth I. Heller
`John Nilsson
`Heather Dawn Redmond
`John Thomas Vitt
`Matthew Wolf
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`14-1185 - Vascular Solutions, Inc. v. Boston Scientific Corporation
`United States District Court for the District of Minnesota, Case No. 0:13-cv-01172-JRT-SER
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`Page 2 of 5
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`Case: 14-1185 Document: 50-2 Page: 1 Filed: 04/15/2014
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`NOTE: This disposition is nonprecedential.
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`United States Court of Appeals
`for the Federal Circuit
`______________________
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`VASCULAR SOLUTIONS, INC.,
`Plaintiff-Appellee,
`
`v.
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`BOSTON SCIENTIFIC CORPORATION,
`Defendant-Appellant.
`______________________
`
`2014-1185
`______________________
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`Appeal from the United States District Court for the
`District of Minnesota in No. 0:13-cv-01172-JRT-SER,
`Judge John R. Tunheim.
`______________________
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`Decided: April 15, 2014
`______________________
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`J. THOMAS VITT, Dorsey & Whitney LLP, of Minneap-
`olis, Minnesota, argued for plaintiff-appellee. With him on
`the brief was HEATHER D. REDMOND.
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`MATTHEW M. WOLF, Arnold & Porter LLP, of Wash-
`ington, DC, argued for defendant-appellant. With him on
`the brief were EDWARD HAN, JOHN E. NILSSON, and SETH
`I. HELLER.
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`______________________
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`Page 3 of 5
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`Case: 14-1185 Document: 50-2 Page: 2 Filed: 04/15/2014
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` 2
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` VASCULAR SOLUTIONS, INC. v. BOSTON SCIENTIFIC
`CORPORATION
`
`Before MOORE, PLAGER, and CHEN, Circuit Judges.
`PLAGER, Circuit Judge.
`A preliminary injunction is a “drastic and extraordi-
`nary remedy that is not to be routinely granted.” Nat’l
`Steel Car, Ltd. v. Canadian Pac. Ry., Ltd., 357 F.3d 1319,
`1324 (Fed. Cir. 2004) (citing Intel Corp. v. ULSI Sys.
`Tech., Inc., 995 F.2d 1566, 1568 (Fed. Cir. 1993)). As
`evidenced by the extended argument before this court,
`there are too many unresolved issues at this stage of the
`case and the record is too incomplete on issues of claim
`construction,
`infringement, and ultimate validity to
`warrant the grant of a preliminary injunction. For these
`reasons, we vacate the preliminary injunction.
`VACATED
`Each party shall bear its costs.
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`

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`Page 4 of 5
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`Case: 14-1185 Document: 50-3 Page: 1 Filed: 04/15/2014
`UNITED STATES COURT OF APPEALS
`FOR THE FEDERAL CIRCUIT
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`(4 of 5)
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`Questions and Answers.
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`Petitions for Panel Rehearing (Fed. Gir. R. 40)
`and
`Petitions for Hearing or Rehearing En Bane (Fed. GiL R. 35)
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`Q. When is a petition for paoel rehearing appropriate?
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`merit~ panel has followed circuit precedent:, which the party
`seeks to have overruled by the court en banco
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`Q. How frequenUy are petitions for panel rehearing granted
`by merits panels or petitions for rehearing en bane granted
`by th~ cout1?
`
`A The data regarding petitions fof panel reheanng since
`1962 shows that merits panels granted some relief ill only
`three percent of the petitions filed. The relief granted'usually
`involved only minor corrections of factual misstatem~nts,
`rarely resulting in a change of outcome in the decision.
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`En banc petitions have been granted less frequently.
`Historically, the court has initiated en bane review in a few
`of the appeals decided en bane since 1982.
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`Q. Is it necessary to have filed either of these petitions
`before filing a petition for certioran· in the U. S. Supreme
`Court?
`
`A. No. All that is needed is a final judgmenl of the Court of
`Appeals.
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`A. Petitions for panel r~nearingar~.rafeIYroilsidered
`meritorious. Consequently,itisei3~ie~ttofirstanswer when
`a petition tor panel reh~aiingis nPt;3~p"oPriate.A petitiOI1
`for panel rehearing' shoiJld not be .~~~dlorea:r!;Jue issues
`already briefed and orally arglJ;c1.lf ap'arty fail7d to..
`.
`persuade the court onarissu¢.}Q.t.t<~~r?lin~~nc~.they do
`not get a second chanc:;e. TtiiS i~:~§P~ib.i~.I~:SO Wheh the .
`court has entereda jUdg(f)erlt.?tflmt,rr@i)~~\N'thC?utopinion
`under Fed. Cir. R 36,a\adj~Rr3,§iti(j[iqlJhis ~~Jure is used
`only when the appellantlP~titiO.n~r/:l.~"~~t!~r1Yfaiiedlo
`raise
`any issues in the appealthai}~9.Q1r~.ah:~pipiont()be
`written in support of thetourt'?juqgrp~fj~pf affirmance.
`
`Q.
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`\lVhen is a petition for reheanng enhanc appropriate?
`
`A En banc decisions are eXlraofl:jillaryoccuiTeflces. To
`properly answer 'theque~tion~one n'lus[trstunaers'taria the
`responsibility of ,a three~judge (llerits panel of the court.. The
`panel is charged with deciding individual appeals according
`10 the law of the circuit as establishedin the court's
`precedential opinions. While each mentspanel is
`empowered to enter precedential opihibllS, the ultimate duty
`of the court en banc is to set forth the law of the Federal
`Circuit, which m~rits panels are obliged to follow.
`
`Thus, as a usual prerequisite, a merits panel of the court
`must have entered a precedential opinion in support of its
`jUdgment for a petition for rehearing en banc to l?e
`appropriate. In addition, the party seeking rehearing en
`banc must show that either the merits panel has failed to
`follow decisions of the Supreme Court of the United States
`or Federal Circuit precedential opinions, or that ~he
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`Page 5 of 5
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`Case: 14-1185 Document: 50-4 Page: 1 Filed: 04/15/2014
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`UNlTED STATES COURT OF APPEALS FOR THE FEDERAl CrnCUJT
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`!NFORMATlON SHEET
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`FILING A PETITION FOR A WRIT OF CERTJORARJ
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`There is no automatic right of appeal to 1he Supreme Court of the United States from judgments
`of the Federal Circuit. You must file a petition for a writ of certiorari wrucb the Supreme Court
`wi)) gIant only when there are compe))ing reasons.
`(See Rule I 0 of the Rules of the Supreme
`Court of the United States, hereinafter called Rules.)
`
`Time. The petition must be filed in 1he Supreme Court of the United S1.Lltes within 90 days of
`the entry of judgment in tills Court or within 90 days of the denial of a timely petition for
`rehearing. The judgment is entered on the day the Federal Circuit issues a fmal decision in your
`rThe time does not run from the issuance of the mandate, which bas no effect on the righ1
`case.
`to petition.] (See Rule J3 of the Rules.)
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`Fees. Either the $300 docketing fee or a motion for leave to proceed in forma pauperis with an
`affidavit in support thereof must accompany the petition. (See Rules 38 and 39.)
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`Authorized Filer. The petition must be filed by a member of the baJ of the Supreme Colli1 of
`the United States or by the petitioner representing himself or herself.
`
`Format oj a Petition. The Rules are very specific about the order of the required informatIon
`(See Rule 14.) Rules 33 and 34
`and should be consulted before you start drafting your petition.
`should be consulted regarding type size and font, paper size, paper weight, margins, page l:iJnj1S,
`~cover: ~etfCc::-.- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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`Number of Copies. Forty copies of a petition must be filed unJess the petitioner is proceeding in
`forma pauperis, in wruch case an original and ten copies of the petition for writ of certiorari and
`of the motion for leave to proceed in forma pauperis. (See Rule l2.)
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`'''here to File. You must file your documents at the Supreme Court.
`
`Clerk
`- - - - -- - --Supreme Cour1- of-the United-States
`] First Street, NE
`Washing1on, DC 20543
`(202) 479-3000
`
`No documents are filed 311he Federal Cirelli. and u"'ie Federal Circui~ provides no ir..fGnna130n to
`the Supreme Court unless the Supreme Court asks for the infonnation.
`
`Access to the Rules. The current rules can be found in Title 28 of the United States Code
`Annotated and other legal publications available in m,my public libraries.
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`R ~vjsed December) 6. ) 999
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