On October 29, 2015, the United States Court of Appeals for the Federal Circuit decided two appeals from decisions in district court cases involving U.S. Patent No. 5,371,734 (Ex. 1001, “the ’734 patent”), the patent at issue in this inter partes review.
Also on October 29, 2015, the Board received an email from Petitioner, St. Jude Medical, Inc., requesting authorization to file copies of the two Federal Circuit opinions in PRPS.
The Board then received an email from Patent Owner, Atlas IP, LLC, requesting a telephone conference to discuss the importance of the Medtronic Federal Circuit opinion in this proceeding.
In response to the parties’ requests, we authorize each party to submit additional briefing on the impact of the Medtronic and St. Jude Federal Circuit opinions on this proceeding.
ORDERED that on or before November 9, 2015, each party is authorized to file a brief of no more than 5 pages addressing the impact of Atlas IP, LLC v. Medtronic, Inc., No. 2015-1071, 2015 WL 6550622 (Fed. Cir. Oct. 29, 2015), and Atlas IP, LLC v. St. Jude Medical, Inc., No. 2015- 1190, 2015 WL 6516819 (Fed. Cir. Oct. 29, 2015), on this proceeding.