`Patent 5,993,451
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`_______________
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
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`SMITH & NEPHEW, INC. &
`ARTHROCARE CORP.,
`Petitioners
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`v.
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`ARTHREX, INC.,
`Patent Owner.
`_______________
`
`Case IPR2016-00854
`Patent 5,993,451
`_______________
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`MANDATORY NOTICES FOR ARTHREX, INC.
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`IPR2016-00854
`Patent 5,993,451
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`Pursuant to 37 CFR § 42.8, Patent Owner Arthrex, Inc. provides the following
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`mandatory notices:
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`I.
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`REAL PARTY-IN-INTEREST (37 CFR § 42.8(b)(1))
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`The real party-in-interest is Arthrex, Inc. (“Arthrex”), the sole owner of U.S.
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`Patent No. 5,993,451 (the ’451 patent).
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`II. RELATED MATTERS (37 CFR § 42.8(b)(2))
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`1.
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`PTAB Proceedings
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`Patent Owner is unaware of any related PTAB Proceedings that would affect
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`or be affected by this proceeding.
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`2.
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`Litigation
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`The ’451 patent has been asserted in the following patent infringement action,
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`which presently remains pending in the United States District Court for the Eastern
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`District of Texas: 2:2015-cv-01047 (Arthrex, Inc. v. Smith & Nephew, Inc. et al.).
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`3.
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`Patents and Applications
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`The ’451 patent claims the benefit of priority to the following applications and
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`issued patents:
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`• 08/893,489 filed July 11, 1997 and now Patented as 5,951,559
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`• Provisional Application 60/165,722 filed November 15, 1999
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`There are no pending patent applications or issued patents that claim benefit
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`of priority to the application that issued as the ’451 patent.
`1
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`IPR2016-00854
`Patent 5,993,451
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`Patent Owner is unaware of any other related matters that would affect or be
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`affected by this proceeding.
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`III. LEAD AND BACK-UP COUNSEL (37 CFR 42.8(b)(3))
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`Patent Owner designates the following lead and back-up counsel:
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`Anthony P. Cho (Reg. No. 47,209)
`Lead counsel
`Back-up counsel Brian S. Tobin (Reg. No. 66,186)
`Back-up counsel Timothy J. Murphy (Reg. No. 64,613)
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`of Carlson, Gaskey & Olds, P.C., 400 West Maple Road, Suite 350, Birmingham,
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`MI 48009.
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`A power of attorney from Arthrex to Carlson, Gaskey & Olds, P.C. (Customer
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`Number 26096) is being filed concurrently with these mandatory notices in
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`compliance with 37 CFR 42.10(b).
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`IV. SERVICE INFORMATION (37 CFR § 42.8(b)(4))
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`Arthrex consents to electronic service in this proceeding by emailing all of the
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`following
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`addresses:
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`acho@cgolaw.com;
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`btobin@cgolaw.com;
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`tmurphy@cgolaw.com; sn-iprs@cgolaw.com.
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`Service on Arthrex in this is requested by email, although Arthrex also
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`consents to service by sending all correspondence to the lead counsel at the address
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`indicated above. Further, the attorneys of record may be contacted by telephone at
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`(248) 988-8360, while their facsimile number is (248) 988-8363.
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`IPR2016-00854
`Patent 5,993,451
`
`
`Respectfully Submitted,
`CARLSON, GASKEY & OLDS, P.C.
`
`/Anthony P. Cho/
`
`Anthony P. Cho
`Registration No. 47,209
`400 West Maple Road, Suite 350
`Birmingham, MI 48009
`Telephone: (248) 988-8360
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`Dated: April 14, 2016
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`CERTIFICATE OF SERVICE
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`IPR2016-00854
`Patent 5,993,451
`
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`The undersigned certifies that a copy of the foregoing document was served
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`electronically via email on April 14, 2016, in its entirety on the following:
`
`Richard F. Giunta
`Randy J. Pritzker
`James H. Morris
`WOLF, GREENFIELD & SACKS, P.C.
`600 Atlantic Avenue
`Boston, MA 02210
`Tel: (617) 646-8000
`Fax: (617) 646-8646
`RGiunta -PTAB@wolfgreenfield.com
`RPritzker-PTAB@wolfgreenfield.com
`JMorris-PTAB@wolfgreenfield.com
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`Petitioner has consented to electronic service.
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`
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`Date: April 14, 2016
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`/s/ Timothy J. Murphy
`Timothy J. Murphy
`Reg. No. 64,613
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