`
`EXHIBIT 2011
`
`
`
`Trials@uspto.gov
`571-272-7822
`
`Paper 14
`Date: January 13, 2014
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ZOLL LIFECOR CORPORATION
`Petitioner
`
`v.
`
`KONINKLIJKE PHILIPS ELECTRONICS N.V.
`Patent Owner
`_______________
`
`Case IPR2013-00606 (Patent 5,593,427)
`Case IPR2013-00607 (Patent 5,749,904)
`Case IPR2013-00609 (Patent 5,836,978)
`Case IPR2013-00612 (Patent 5,803,927)
`Case IPR2013-00613 (Patent 5,735,879)
`Case IPR2013-00615 (Patent 6,047,212)
`Case IPR2013-00616 (Patent 5,749,905)
`Case IPR2013-00618 (Patent 5,607,454)1
`
`_______________
`
`
`
`Before SALLY C. MEDLEY, MIRIAM L. QUINN, and
`GREGG I. ANDERSON, Administrative Patent Judges.
`
`ANDERSON, Administrative Patent Judge.
`
`
`
`1 This Order addresses issues common to all these cases. The parties are not
`authorized to use this caption for any subsequent papers without authorization from
`the Board.
`
`Patent Owner Exhibit 2011
`Petition for IPR Review of Patent No. 8,519,973
`Page 1
`
`
`
`
`Case IPR2013-00606 (Patent 5,593,427), Case IPR2013-00607 (Patent 5,749,904),
`Case IPR2013-00609 (Patent 5,836,978), Case IPR2013-00612 (Patent 5,803,927),
`Case IPR2013-00613 (Patent 5,735,879), Case IPR2013-00615 (Patent 6,047,212),
`Case IPR2013-00616 (Patent 5,749,905), Case IPR2013-00618 (Patent 5,607,454)
`
`
`ORDER
`Conduct of the Proceedings
`37 C.F.R. § 42.5
`
`The Board has reviewed Patent Owner’s Preliminary Responses filed in the
`above eight (8) cases and seeks additional briefing from Petitioner on whether Zoll
`Medical Corporation is a real-party-in-interest or in privity with Petitioner as raised
`in the Preliminary Responses. Petitioner is authorized to include evidence, but not
`testimony as part of the brief. The brief, exclusive of any evidence submitted and
`the caption, shall not exceed ten (10) pages. Petitioner shall use the caption of this
`order and file the identical brief in all eight (8) pending cases. No further briefing
`is authorized at this time.
`It is
`ORDERED that:
`(1) no later than five (5) days after entry of this Order, Petitioner is
`authorized to file a brief not exceeding ten (10) pages, exclusive of exhibits and the
`caption, as authorized by this Order. The brief shall respond to the issues of
`whether Zoll Medical Corporation is a real-party-in-interest or in privity with
`Petitioner as raised in Patent Owner’s Preliminary Responses;
`(2) Petitioner is authorized to include evidence, but not testimony with its
`
`brief;
`
`(3) The brief and any attached evidence shall be filed with the caption of
`this Order in all eight (8) cases; and
`(4) No further briefing is authorized at this time.
`
`
`
`2
`
`
`Patent Owner Exhibit 2011
`Petition for IPR Review of Patent No. 8,519,973
`Page 2
`
`
`
`
`Case IPR2013-00606 (Patent 5,593,427), Case IPR2013-00607 (Patent 5,749,904),
`Case IPR2013-00609 (Patent 5,836,978), Case IPR2013-00612 (Patent 5,803,927),
`Case IPR2013-00613 (Patent 5,735,879), Case IPR2013-00615 (Patent 6,047,212),
`Case IPR2013-00616 (Patent 5,749,905), Case IPR2013-00618 (Patent 5,607,454)
`
`
`
`
`FOR PETITONER:
`
`John C. Phillips
`Dorothy Whelan
`FISH & RICHARDSON P.C.
`phillips@fr.com
`whelan@fr.com
`
`FOR PATENT OWNER:
`
`J. Michael Jakes
`Denise W. DeFranco
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, L.L.P.
`mike.jakes@finnegan.com
`denise.defranco@finnegan.com
`
`
`
`3
`
`
`Patent Owner Exhibit 2011
`Petition for IPR Review of Patent No. 8,519,973
`Page 3
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