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UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`INTUITIVE SURGICAL, INC.,
`Petitioner,
`
`
`v.
`
`
`ETHICON LLC,
`Patent Owner.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Case No. IPR2018-00934
`U.S. Patent No. 8,998,058
`
`
`
`
`JOINT STIPULATION TO MODIFY DUE DATES 3-5
`
`
`
`
`
`
`
`
`
`

`

`IPR2018-00934
`Patent 8,998,058
`
`
`
`The parties to this proceeding have reached an agreement to extend Due
`
`Dates 3-5 as set forth in the Scheduling Order entered on December 7, 2018 (Paper
`
`10). As permitted by the Scheduling Order, the parties hereby stipulate to, and
`
`jointly request entry of, the modification of Due Dates as follows:
`
`Due Date
`
`Current Deadline
`
`3
`
`4
`
`5
`
`July 12, 2019
`
`August 6, 2019
`
`August 13, 2019
`
`New Deadline
`
`July 19, 2019
`
`August 13, 2019
`
`August 16, 2019
`
`Notwithstanding the agreed upon modifications listed above, the due date for the
`
`parties to submit requests for oral argument will remain August 6, 2019, which is
`
`the original date for Due Date 4.
`
`
`
`All other due dates remain unchanged, as listed in the Due Date Appendix of
`
`the Scheduling Order. This paper is being filed by counsel for Patent Owner with
`
`counsel for the Petitioner’s approval.
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`
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`
`
`
`

`

`
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`
`IPR2018-00934
`Patent 8,998,058
`
`Dated: June 26, 2019
`
`
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`Respectfully submitted,
`
`
`
`/Anish R. Desai/
`
`Anish R. Desai
`
`Reg. No. 73,760
`
` WEIL, GOTSHAL & MANGES LLP
`
`767 Fifth Avenue
`
`New York, NY 10153
`
`T: 212-310-8730
`
`E: anish.desai@weil.com
`
`
`
`
`
`Counsel for Patent Owner
`
`
`
`
`3
`
`

`

`IPR2018-00934
`Patent 8,998,058
`
`
`DUE DATE APPENDIX
`DUE DATE 1 ..................................................................................... March 5, 2019
`
`Patent Owner’s response to the petition
`
`Patent Owner’s motion to amend the patent
`
`DUE DATE 2 ..................................................................June 4, 2019 June 11, 2019
`
`Petitioner’s reply to patent owner’s response to petition
`
`Petitioner’s opposition to motion to amend
`
`DUE DATE 3 ................................................................July 12, 2019 July 19, 2019
`
`Patent Owner’s sur-reply to reply
`
`Patent Owner’s reply to opposition to motion to amend
`
`DUE DATE 4 ........................................................ August 6, 2019 August 13, 2019
`
`Petitioner’s sur-reply to reply to opposition to motion to amend
`
`Motion to exclude evidence
`
`Request for oral argument (Unchanged – August 6, 2019)
`
`DUE DATE 5 ...................................................... August 13, 2019 August 16, 2019
`
`Opposition to motion to exclude
`
`DUE DATE 6 .................................................................................. August 20, 2019
`
`Reply to opposition to motion to exclude
`
`Request for prehearing conference
`
`DUE DATE 7 .............................................................................. September 5, 2019
`
`Oral argument (if requested)
`
`
`
`
`

`

`IPR2018-00934
`Patent 8,998,058
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on June 26, 2019, a copy of JOINT STIPULATION
`
`
`
`TO MODIFY DUE DATES 3-5 and any accompanying exhibits was served by
`
`filing this document through the PTAB’s E2E Filing System as well as
`
`delivering a copy via electronic mail upon the following:
`
`
`
`John C. Phillips
`Steven R. Katz
`Ryan P. O’Connor
`FISH & RICHARDSON
`3200 RBC Plaza, 60 South Sixth Street
`Minneapolis, MN 55402
`phillips@fr.com
`katz@fr.com
`oconnor@fr.com
`
`
`
`IPR11030-0049IP2@fr.com
`PTABInbound@fr.com
`
`
`
`
`/Timothy J. Andersen/
`Timothy J. Andersen
`Case Manager
`Weil, Gotshal & Manges LLP
`2001 M Street, N.W., Suite 600
`Washington, DC 20036
`T: 202-682-7075
`E: timothy.andersen@weil.com
`
`
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`

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