`571-272-7822
`
`Paper 29
`Date: August 14, 2020
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`MEDTRONIC, INC. and MEDTRONIC VASCULAR, INC.,
`Petitioner,
`v.
`TELEFLEX INNOVATIONS S.À.R.L.,
`Patent Owner.
`
`
`IPR2020-00126 (Patent 8,048,032 B2)
`IPR2020-00127 (Patent 8,048,032 B2)
`IPR2020-00128 (Patent RE45,380 E)
`IPR2020-00129 (Patent RE45,380 E)
`IPR2020-00130 (Patent RE45,380 E)
`IPR2020-00131 (Patent RE45,380 E)
`IPR2020-00132 (Patent RE45,760 E)
`IPR2020-00134 (Patent RE45,760 E)
`IPR2020-00135 (Patent RE45,776 E)
`IPR2020-00136 (Patent RE45,776 E)
`IPR2020-00137 (Patent RE47,379 E)
`IPR2020-00138 (Patent RE47,379 E)
`
`
`
`
`
`
`
`
`
`
`Before SHERIDAN K. SNEDDEN, JON B. TORNQUIST, and
`CHRISTOPHER G. PAULRAJ, Administrative Patent Judges.
`PAULRAJ, Administrative Patent Judge.
`
`ORDER
`Conduct of the Proceeding
`
`
`
`IPR2020-00126; IPR2020-00127; IPR2020-00128; IPR2020-00129;
`IPR2020-00130; IPR2020-00131; IPR2020-00132; IPR2020-00134;
`IPR2020-00135; IPR2020-00136; IPR2020-00137; IPR2020-00138
`On July 30, 2020, we held a conference call in the above-captioned
`proceedings with counsel for Petitioner, counsel for Patent Owner, and the
`judges of this panel participating. The purpose of the call was to discuss 1)
`Petitioner’s request to modify the word count and briefing schedule
`concerning Patent Owner’s assertion of an earlier conception and reduction
`to practice date; 2) Patent Owner’s request to file a Response to Petitioner’s
`Rehearing Request in IPR2020-00131 (“the -00131 IPR”); and 3) Board
`authorization for the parties’ stipulated modification to certain dates in the
`scheduling order. This Order memorializes that call and our decisions with
`respect to the parties’ requests.
`Based on the parties’ positions articulated during the call, we
`determined not to modify the word count and briefing schedule for the
`conception and reduction to practice briefing at this point. Petitioner may
`renew its request once it has an opportunity to assess Patent Owner’s
`Response on conception and reduction to practice filed on DUE DATE 1.
`We also determined to grant Patent Owner’s request to file a response
`to Petitioner’s Request for Rehearing filed in the -00131 IPR, where we
`denied institution. Pursuant to our authorization, Patent Owner filed its
`Response on August 6, 2020 (Paper 22).
`Finally, during the call, we took into account the parties’ proposal to
`move certain dates to accommodate the schedule of Patent Owner’s expert.
`In particular, the parties proposed to mode certain dates set forth in our
`Consolidated Scheduling Order (Paper 26) as follows:
`
`Current Date
`Proposed Date
`DUE DATE 1 Sept. 17, 2020 Sept. 24, 2020
`DUE DATE 2 Dec. 10, 2020 Dec. 17, 2020
`DUE DATE 3 Jan. 21, 2021
`Jan. 26, 2021
`
`2
`
`
`
`IPR2020-00126; IPR2020-00127; IPR2020-00128; IPR2020-00129;
`IPR2020-00130; IPR2020-00131; IPR2020-00132; IPR2020-00134;
`IPR2020-00135; IPR2020-00136; IPR2020-00137; IPR2020-00138
`DUE DATE 4 Jan. 28, 2021 No change
`DUE DATE 5 Feb. 18, 2021
`Feb. 23, 2021
`DUE DATE 6 Feb. 25, 2021 Mar. 1, 2021
`DUE DATE 7 March 4, 2021 No change
`DUE DATE 8 MaR. 8, 2021 No change
`Upon consideration, we have determined to authorize the stipulated
`modifications to the Consolidated Scheduling Order. We caution the parties,
`however, that no further modifications to DUE DATE 2 will be feasible as
`the Board will need sufficient time to consider any briefing on a Motion to
`Amend and issue Preliminary Guidance under the Board’s Pilot Program
`should one be requested in any of these proceedings.
`Accordingly, in consideration of the foregoing, it is hereby:
`ORDERED Petitioner’s request to modify the word count and briefing
`schedule for the conception and reduction to practice briefing is denied
`without prejudice;
`FURTHER ORDERED that Patent Owner’s request to file a response
`to Petitioner’s Request for Rehearing filed in the IPR2020-00131 is granted;
`and
`
`FURTHER ORDERED that the parties request to move certain dates
`in the Consolidated Scheduling Order, as set forth above, is granted.
`
`
`
`3
`
`
`
`IPR2020-00126; IPR2020-00127; IPR2020-00128; IPR2020-00129;
`IPR2020-00130; IPR2020-00131; IPR2020-00132; IPR2020-00134;
`IPR2020-00135; IPR2020-00136; IPR2020-00137; IPR2020-00138
`FOR PETITIONER:
`
`Cyrus Morton
`cmorton@robinskaplan.com
`
`Sharon Roberg-Perez
`sroberg-perez@robinskaplan.com
`
`Christopher Pinahs
`cpinahs@robinskaplan.com
`
`
`
`FOR PATENT OWNER:
`
`Derek Vandenburgh
`dvandenburgh@carlsoncaspers.com
`
`Dennis Bremer
`dbremer@carlsoncaspers.com
`
`
`4
`
`
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