`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`______________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________________
`
`INTUITIVE SURGICAL, INC.,
`Petitioner,
`
`v.
`
`ETHICON LLC,
`Patent Owner.
`______________________
`
`IPR2018-01254
`U.S. Patent No. 8,479,969
`______________________
`
`
`PATENT OWNER’S LIST OF IMPROPER REPLY ARGUMENTS
`
`
`
`
`
`1.
`
`Page 5, line 18 through Page 6, line 3; Page 6, lines 8-12; Page 11,
`
`IPR2018-01254
`U.S. Patent No. 8,479,969
`
`
`
`lines 13-16: Petitioner makes new arguments that the articulation control would be
`
`moved to Wallace’s tool mounting portion, while the Petition relied on the
`
`Giordano articulation mechanism that is located on the instrument’s shaft. See
`
`Petition at 81-83, 85-87.
`
`2.
`
`Page 10, lines 1-6: Petitioner makes new arguments that a POSITA
`
`would have started with Shelton’s stapler adapted to include Giordano’s
`
`articulation mechanism and would have been satisfied with its single axis
`
`articulation, but the Petition argued that a POSITA would have found Wallace’s
`
`teaching of multi-axis 360 degree movement to improve upon Giordano’s
`
`disclosure of single axis articulation. Petition at 85.
`
`3.
`
`Page 11, lines 1-7: Petitioner makes new arguments that multi-axis
`
`articulation is optional in Wallace, but the Petition relied upon Wallace’s teaching
`
`of the benefits of multi-axis 360 degree movement as the sole motivation for using
`
`Wallace’s articulation mechanism. Petition at 85.
`
`4.
`
`Page 13, lines 1-4: Petitioner makes new arguments that a POSITA
`
`would have been motivated to use Wallace’s articulation mechanism with only one
`
`axis of articulation, but the Petition relied upon Wallace’s teaching of the benefits
`
`of multi-axis 360 degree movement as the sole motivation for using Wallace’s
`
`articulation mechanism. Petition at 85.
`
`
`
`1
`
`
`
`
`
`Dated: August 14, 2019
`
`Respectfully submitted,
`
`
`
`
`
`
`/Anish R. Desai/
`Anish R. Desai
`Reg. No. 73,760
`WEIL, GOTSHAL & MANGES LLP
`767 Fifth Avenue
`New York, NY 10153
`T: 212-310-8730
`E: anish.desai@weil.com
`
`Counsel for Patent Owner
`
`
`2
`
`
`
`
`
`IPR2018-01254
`U.S. Patent No. 8,479,969
`
`CERTIFICATE OF SERVICE
`I hereby certify that on August 14, 2019, a copy of PATENT OWNER’S
`
`LIST OF IMPROPER REPLY ARGUMENTS and any accompanying exhibits
`
`was served by filing this document through the PTAB’s E2E Filing System as well
`
`as delivering a copy via electronic mail upon the following:
`
`
`Steven R. Katz
`John C. Phillips
`Ryan P. O’Connor
`FISH & RICHARDSON
`3200 RBC Plaza, 60 South Sixth Street
`Minneapolis, MN 55402
`katz@fr.com
`phillips@fr.com
`oconnor@fr.com
`
`
`IPR11030-0049IPA@fr.com
`PTABInbound@fr.com
`
`/Timothy J. Andersen/
`Timothy J. Andersen
`Case Manager
`Weil, Gotshal & Manges LLP
`2001 M Street, N.W., Suite 600
`Washington, DC 20036
`T: 202-682-7075
`E: timothy.andersen@weil.com
`
`3
`
`
`
`
`
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
