` Entered: January 22, 2020
`
`
`
`Trials@uspto.gov
`571.272.7822
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`ALPHATEC HOLDINGS, INC. and ALPHATEC SPINE, INC.,
`Petitioner,
`
`v.
`
` NUVASIVE, INC.,
`Patent Owner.
`____________
`
`
`IPR2019-00361 (Patent 8,137,334 B2)
`IPR2019-00362 (Patent 8,361,156 B2)
`IPR2019-00546 (Patent 8,137,334 B2)1
`____________
`
`
`Before DENISE M. POTHIER, HYUN J. JUNG, and
`SHEILA F. MCSHANE, Administrative Patent Judges.
`
`
`POTHIER, Administrative Patent Judge.
`
`
`
`ORDER
`Revised Scheduling Order
`37 C.F.R. § 42.5(c)
`
`
`
`
`
`
`1 We exercise our discretion to issue one Order to be entered in each
`proceeding. The parties are not authorized to use a multiple-case caption.
`
`
`
`
`IPR2019-00361 (Patent 8,137,334 B2)
`IPR2019-00362 (Patent 8,361,156 B2)
`IPR2019-00546 (Patent 8,137,334 B2)
`
`The Board requested, via email, that Alphatec Holdings Inc. and
`
`Alphatec Spine, Inc. (“Petitioner”) and Nuvasive, Inc. (“Patent Owner”)
`indicate their availability for an oral hearing on Friday, April 3, 2020 and
`indicate whether they agree to have the oral hearing as part of the
`PTAB/TTAB Stadium Tour program being held at the University of Oregon
`School of Law.
`Both parties indicated, via responsive emails, that they are amenable
`to changing the oral hearing date to April 3, 2020 and to participating in the
`Stadium Tour program.
`Accordingly, the date for oral hearing for these proceedings is
`modified to April 3, 2020 at 4pm PT, and the hearing will be part of the
`PTAB/TTAB Stadium Tour program being held at the University of Oregon
`School of Law, 70 NW Couch St., Portland, OR 97209. Because of the
`overlap in issues, Petitioner and Patent Owner each will be allocated
`forty-five (45) minutes of total argument time for all three proceedings.
`Petitioner’s and Patent Owner’s requirement to request oral argument by
`Due Date 4, as per the original Scheduling Order (Paper 202), is considered
`satisfied. Specific information for the oral hearing will be set forth in an oral
`hearing order to be issued at a later date. Petitioner and Patent Owner may
`contact the Board for any additional questions. The parties’ joint
`stipulations to modify the original Scheduling Order are reflected in the
`DUE DATE APPENDIX attached to this Order.
`
`
`2 Citations are to IPR2019-00361 unless otherwise indicated.
`
`2
`
`
`
`IPR2019-00361 (Patent 8,137,334 B2)
`IPR2019-00362 (Patent 8,361,156 B2)
`IPR2019-00546 (Patent 8,137,334 B2)
`
`
`Accordingly, it is:
`ORDERED that Due Date 8, the date for oral argument for the
`above-listed proceedings, is changed to April 3, 2020 at 4 pm PT, and oral
`arguments will be heard as part of the PTAB/TTAB Stadium Tour program
`being held at the University of Oregon School of Law, 70 NW Couch St.,
`Portland, OR 97209; and
`FURTHER ORDERED that the DUE DATE APPENDIX attached to
`this Order supersedes the DUE DATE APPENDIX in the Scheduling Order
`and shall govern this proceeding going forward.
`
`
`
`3
`
`
`
`IPR2019-00361 (Patent 8,137,334 B2)
`IPR2019-00362 (Patent 8,361,156 B2)
`IPR2019-00546 (Patent 8,137,334 B2)
`
`
`REVISED DUE DATE APPENDIX
`
`DUE DATE 2 ...................................................................... January 29, 2020
`Petitioner’s reply to patent owner’s response to petition
`Petitioner’s opposition to motion to amend
`
`DUE DATE 3 .................................................................... February 24, 2020
`Patent owner’s sur-reply to reply
`Patent owner’s reply to opposition to motion to amend
`
`DUE DATE 4 .................................................................... February 24, 2020
`Petitioner’s sur-reply to reply to opposition to motion to amend
`Motion to exclude evidence
`Request for oral argument (may not be extended by stipulation)
`
`DUE DATE 5 ........................................................................ March 16, 2020
`Opposition to motion to exclude
`
`DUE DATE 6 ........................................................................ March 23, 2020
`Reply to opposition to motion to exclude
`Request for prehearing conference
`
`DUE DATE 7 ........................................................................ March 30, 2020
`Reply to opposition to motion to exclude
`
`DUE DATE 8 ............................................................................. April 3, 2020
`Oral argument
`
`
`4
`
`
`
`IPR2019-00361 (Patent 8,137,334 B2)
`IPR2019-00362 (Patent 8,361,156 B2)
`IPR2019-00546 (Patent 8,137,334 B2)
`
`PETITIONER:
`
`Jovial Wong
`David P. Dalke
`Nimalka R. Wickramasekera
`WINSTON & STRAWN LLP
`jwong@winston.com
`ddalke@winston.com
`
`PATENT OWNER:
`
`Michael T. Rosato
`Paul D. Tripodi II
`Sonja R. Gerrard
`WILSON SONSINI GOODRICH & ROSATI
`mrosato@wsgr.com
`ptripodi@wsgr.com
`sgerrard@wsgr.com
`
`
`
`5
`
`
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