`571-272-7822 Entered: March 25, 2019
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`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`COOK INC., COOK GROUP INC., and COOK MEDICAL LLC,
`Petitioner,
`
`v.
`
`MEDTRONIC, INC.,
`Patent Owner.
`____________
`
`Case IPR2019-00123
`Patent 6,306,141 B1
`____________
`
`
`
`Before JAMESON LEE, KEN B. BARRETT, and JAMES A. TARTAL,
`Administrative Patent Judges.
`
`BARRETT, Administrative Patent Judge.
`
`
`
`
`ORDER
`Conduct of the Proceedings
`37 C.F.R. § 42.5
`
`
`
`IPR2019-00123
`Patent 6,306,141 B1
`
`We received from Petitioner an email dated March 21, 2019, stating,
`
`in pertinent part:
`We represent the Petitioner in IPR2019-00123. We request
`authorization from the Board to file a 5-page reply to the Patent
`Owner’s preliminary response dated March 13, 2019. The reply
`would be limited to replying to the Patent Owner’s arguments
`regarding 35 U.S.C. §§ 314 and 325, and secondary
`considerations. Patent Owner opposes this request.
`The email also includes dates and times when the parties would be available
`to discuss this request with the Board.
`
`We see no need to hold—at this time—a conference call with the
`parties regarding this request. However, before ruling on Petitioner’s
`request, we wish to receive and consider the basis for Patent Owner’s
`opposition to the requested reply. To that end, we authorize Patent Owner to
`file, within two business days of the date of this Order, a brief of not more
`than two pages and addressing only the basis for its opposition of
`Petitioner’s request for authorization to file a reply to the Patent Owner’s
`Preliminary Response.
`
`It is so ORDERED.
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`
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`
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`
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`2
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`
`
`IPR2019-00123
`Patent 6,306,141 B1
`
`For PETITIONER:
`Dominic P. Zanfardino
`Jeffry M. Nichols
`Jason W. Schigelone
`BRINKS GILSON & LIONE
`dzanfardino@brinksgilson.com
`jnichols@brinksgilson.com
`jschigelone@brinksgilson.com
`
`
`For PATENT OWNER:
`James L. Davis, Jr.
`Andrew N. Thomases
`Gabrielle E. Higgins
`ROPES & GRAY LLP
`james.l.davis@ropesgray.com
`andrew.thomases@ropesgray.com
`gabrielle.higgins@ropesgray.com
`MedtronicIPRService@ropesgray.com
`
`
`3
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