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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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`RTI SURGICAL, INC.,
`Petitioner
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`v.
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`LIFENET HEALTH,
`Patent Owner
`______________
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`Case Nos. IPR2019-00569 and IPR2019-005701
`Patent Nos. 6,458,158 and 8,182,532
`______________
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`PETITIONER’S REQUEST FOR ORAL ARGUMENT PURSUANT TO 37
`C.F.R. §42.70(a)
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`1 A word-for-word identical paper has been filed in each proceeding identified in
`the heading.
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`Pursuant to 37 C.F.R. §42.70(a) and the Scheduling Order (Paper 16),
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`Petitioner RTI Surgical, Inc. (“RTI”) respectfully requests oral argument in this
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`matter. Oral argument is scheduled for June 2, 2020.
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`The issues to be argued include:
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`1. Whether the challenged claims of U.S. Patent Nos. 6,458,158 and
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`8,182,532 are unpatentable based on the instituted grounds;
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`2. The proper construction of disputed claim terms, including “cortical
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`bone portion,” “cancellous bone portion,” “disposed between,” “plate like,” and
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`“through-hole”;
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`3. Any issues raised by Petitioner or Patent Owner LifeNet Health
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`(“LifeNet”) in these proceedings, including in each of the Petitions for Inter Partes
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`Review, Patent Owner Responses, Replies and Sur-Replies in these proceedings;
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`4. Any Motions to Exclude Evidence filed by Petitioner or Patent Owner;
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`5. Any other motions or filings pending before this Board;
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`6. Any additional issues raised by Patent Owner in its Request for Oral
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`Argument; and
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`7. Any additional issues raised by the panel or Patent Owner at oral
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`argument.
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`1
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`Petitioner requests that the two related proceedings referenced above be
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`argued in one hearing. To ensure the parties have sufficient time to discuss each
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`patent, Petitioner requests that each side have sixty minutes for oral argument.
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`As for the hearing logistics, the September 3, 2019, Order stated that the panel
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`intended to hear oral argument (if it is held) at the USPTO regional office in San
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`Jose, California. If the oral argument is held in person, Petitioner anticipates that up
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`to six people may attend the hearing on its behalf. However, Petitioner understands
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`that the Board has indicated that all oral arguments after March 13, 2020 (which
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`would include the oral argument in these reviews) will occur remotely, with attorney
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`participation
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`by
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`videoconference
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`and/or
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`telephone.
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`(See
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`https://www.uspto.gov/patents-application-process/patent-trial-and-appeal-
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`board/hearings.)
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` Petitioner understands
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`that further
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`instructions will be
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`forthcoming. Petitioner notes that at least two members of its team, including the
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`attorney who is likely to present oral argument, are “at high-risk for severe illness
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`from
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`COVID-19.”
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`(COVID-19
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`FAQs,
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`Higher
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`Risk,
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`https://www.cdc.gov/coronavirus/2019-ncov/faq.html#high-risk.).
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`Finally, Petitioner requests permission to use audio/visual conferencing
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`software and/or equipment—including a computer, document camera, and monitor
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`or electronic screen—to display demonstratives and exhibits remotely to other
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`participants during the oral argument.
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`2
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`Dated: April 21, 2020
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`Respectfully submitted,
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`McANDREWS, HELD & MALLOY, LTD.
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`
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`By: /David D. Headrick/
`David D. Headrick
`Reg. No. 40,642
`Counsel for Petitioner
`RTI Surgical, Inc.
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`3
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. §§ 42.6(e)(4), the undersigned certifies on this date, a
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`true and correct copy of this PETITIONER’S REQUEST FOR ORAL
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`ARGUMENT PURSUANT TO 37 C.F.R. §42.70(a) was served by e-mail on
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`counsel for Patent Owner:
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`Michael H. Jacobs
`Deborah H. Yellin
`LifeNet-RTI@crowell.com
`CROWELL & MORING LLP
`Intellectual Property Group
`1001 Pennsylvania Avenue, N.W.
`Washington, DC 20004-2595
`mjacobs@Crowell.com
`DYellin@Crowell.com
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`
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`By: /David D. Headrick/
`David D. Headrick
`Reg. No. 40,642
`Counsel for Petitioner
`RTI Surgical, Inc.
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`Dated: April 21, 2020
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