`571-272-7822
`
`Paper 74
`Date: November 25, 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)
`IPR2020-00132 (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
`37 C.F.R. § 42.5
`
`
`
`IPR2020-00126; IPR2020-00127; IPR2020-00128; IPR2020-00129;
`IPR2020-00130; IPR2020-00132; IPR2020-00134; IPR2020-00135;
`IPR2020-00136; IPR2020-00137; IPR2020-00138
`On November 23, 2020, Petitioner’s counsel emailed the Board
`requesting an expansion of its page count to respond to Patent Owner’s
`Contingent Motions to Amend in the above-captioned proceedings. Ex.
`3001. Petitioner proposed the following modifications to the page count:
`
`Current Page
`Petitioners’ Proposed
`Count
`Modification to Page Count
`25
`40
`
`12
`12
`
`25
`25
`
`Petitioners’
`Opposition
`Patent Owner’s Reply
`Petitioners’ Sur-
`Reply
`
`
`Petitioner’s counsel noted that the parties met and conferred and that
`Patent Owner opposed Petitioner’s requested modification, but made the
`following counter-offer:
`
`Current
`Page Count
`
`Motion to
`Amend
`Petitioners’
`Opposition
`Patent
`Owner’s
`Reply
`Petitioners’
`Sur-Reply
`
`Having considered the parties’ respective positions as stated in the
`November 23rd email, we determine that it would be beneficial to modify the
`
`-
`
`25
`
`12
`
`12
`
`Patent Owner’s
`Proposed
`Modification if no
`Revised MTA
`-
`
`Patent Owner’s
`Proposed
`Modification if
`MTA
`30
`
`30
`
`12
`
`12
`
`30
`
`17
`
`12
`
`2
`
`
`
`IPR2020-00126; IPR2020-00127; IPR2020-00128; IPR2020-00129;
`IPR2020-00130; IPR2020-00132; IPR2020-00134; IPR2020-00135;
`IPR2020-00136; IPR2020-00137; IPR2020-00138
`page count for the briefing related to Patent Owner’s Motions to Amend.
`No conference call is deemed necessary to address Petitioner’s request.
`Accordingly, in consideration of the foregoing, it is hereby:
`ORDERED that Petitioner’s Oppositions to the Motions to Amend
`shall be limited to 35 pages each;
`FURTHER ORDERED that Patent Owner’s Replies in response to
`Petitioner’s Oppositions shall be limited to 20 pages each;
`FURTHER ORDERED that Petitioner’s Sur-Replies in response to
`Patent Owner’s Replies shall be limited to 15 pages each; and
`FURTHER ORDERED that should Patent Owner choose to file
`revised Motions to Amend in accordance with the Board’s Motion to Amend
`Pilot Program, the default 25 page limit shall apply to the revised Motions to
`Amend, and the foregoing adjusted page limits shall apply to the
`Oppositions, Replies, and Sur-Replies in response to the revised Motions to
`Amend.
`
`
`
`
`
`3
`
`
`
`IPR2020-00126; IPR2020-00127; IPR2020-00128; IPR2020-00129;
`IPR2020-00130; 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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