`571-272-7822
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`
`
`
`
`
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` Paper 57
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` Entered: May 9, 2017
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MEDTRONIC, INC.,
`Petitioner,
`
`v.
`
`NUVASIVE, INC.,
`Patent Owner.
`____________
`
`Case IPR2013-00506
`Patent 8,361,156 B2
`____________
`
`Before SALLY C. MEDLEY, LORA M. GREEN, and STEPHEN C. SIU,
`Administrative Patent Judges.
`
`GREEN, Administrative Patent Judge.
`
`JUDGMENT
`Granting Joint Motion to Terminate after Remand from
`the Court of Appeals for the Federal Circuit
`35 U.S.C. § 317 and 37 C.F.R. §§ 42.72, 42.74
`
`ALPHATEC HOLDINGS, INC., ALPHATEC SPINE INC.
`IPR2019-00362, Ex. 1006, p. 1 of 3
`
`
`
`IPR2013-00506
`Patent 8,361,156 B2
`
`On April 26, 2017, the Parties filed a Joint Motion to Terminate this
`proceeding (Paper 56) and a true copy of the Parties’ Settlement Agreement
`(Ex. 2041). As part of their Joint Motion to Terminate, the parties request
`that we “treat the Settlement Agreement as business confidential information
`and keep it separate from the file of the involved patent.” Paper 56, 1.
`In the Joint Motion to Terminate this proceeding, the parties represent
`that they have settled their disputes regarding U.S. Patent 8,361,156 B2.
`Paper 56, 1. The present Inter Partes Review was vacated and remanded to
`the Patent Trial and Appeal Board by the U.S. Court of Appeals for the
`Federal Circuit (“Federal Circuit”). In Re: Nuvasive, Inc., No. 2015-1670,
`slip op. at 13 (Fed. Cir. December 7, 2016). We determine that it is
`appropriate to terminate this proceeding without rendering any further
`decisions. See 37 C.F.R. § 42.72.
`
`ORDER
`In consideration of the foregoing, it is hereby:
`ORDERED that the parties’ request to treat the Settlement Agreement
`(Ex. 2041) as business confidential information under 35 U.S.C. § 317(b)
`and 37 C.F.R. § 42.74(c) is GRANTED; and
`FURTHER ORDERED that the Joint Motion to Terminate this
`proceeding is GRANTED, and this proceeding is hereby TERMINATED.
`
`2
`
`ALPHATEC HOLDINGS, INC., ALPHATEC SPINE INC.
`IPR2019-00362, Ex. 1006, p. 2 of 3
`
`
`
`IPR2013-00506
`Patent 8,361,156 B2
`
`PETITIONER:
`
`Jeff E. Schwartz
`Seth A. Kramer
`FOX ROTHSCHILD LLP
`jeschwartz@foxrothschild.com
`skramer@foxrothschild.com
`
`PATENT OWNER:
`
`Michael T. Rosato
`Paul D. Tripodi II
`Andrew S. Brown
`WILSON SONSINI GOODRICH & ROSATI
`mrosato@wsgr.com
`ptripodi@wsgr.com
`asbrown@wsgr.com
`
`3
`
`ALPHATEC HOLDINGS, INC., ALPHATEC SPINE INC.
`IPR2019-00362, Ex. 1006, p. 3 of 3
`
`