`Tel: 571-272-7822
`
`
`
`
`
`Paper: 26
`Date: February 10, 2022
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`MEDTRONIC COREVALVE LLC,
`EDWARDS LIFESCIENCES CORPORATION, AND
`EDWARDS LIFESCIENCES LLC,
`Petitioner,
`
`v.
`
`COLIBRI HEART VALVE LLC,
`Patent Owner.
`
`IPR2020-014541
`Patent 9,125,739 B2
`
`Before ERICA A. FRANKLIN, JAMES A. TARTAL, and
`ERIC C. JESCHKE, Administrative Patent Judges.
`
`TARTAL, Administrative Patent Judge.
`
`
`ORDER
`Adjusting One-Year Pendency Due to Joinder
`35 U.S.C. § 316(a)(11); 37 C.F.R. § 42.100(c)
`
`
`1 Edwards Lifesciences Corporation and Edwards Lifesciences LLC filed a
`petition in IPR2021-00775, and have been joined as petitioner in this
`proceeding.
`
`
`
`IPR2020-01454
`Patent 9,125,739 B2
`
`
`On March 10, 2021, we instituted inter partes review in IPR2020-
`01454. Paper 11. On August 13, 2021, we joined Edwards Lifesciences
`Corporation and Edwards Lifesciences LLC, to this proceeding. Paper 17.
`Pursuant to 35 U.S.C. § 316(a)(11), “the final determination in an
`inter partes review [shall] be issued not later than 1 year after the date on
`which the Director notices the institution of a review under this chapter,
`except that the Director . . . may adjust the time periods in this paragraph in
`the case of joinder under section 315(c).” The Director has delegated this
`authority to adjust the one-year period in the case of joinder to the Board.
`See 37 C.F.R. § 42.100(c). In particular, 37 C.F.R. § 42.100(c) provides as
`follows:
`An inter partes review proceeding shall be administered such
`that pendency before the Board after institution is normally no
`more than one year. The time can be . . . adjusted by the Board
`in the case of joinder.
`In accordance with 37 C.F.R. § 42.100(c), the Board adjusts the time of
`pendency before the Board in the present proceeding, which involves
`joinder, to permit the Board to consider and determine the pending issues.
`The Board shall issue a Final Written Decision in this proceeding no later
`than March 25, 2022.
`It is
`ORDERED that the time of pendency in this proceeding, which
`involves joinder, is adjusted; and
`FURTHER ORDERED that the Board shall issue a Final Written
`Decision in this proceeding no later than March 25, 2022.
`
`
`
`2
`
`
`
`IPR2020-01454
`Patent 9,125,739 B2
`
`PETITIONER:
`
`James L. Davis, Jr.
`Scott A. McKeown
`Cassandra Roth
`ROPES & GRAY LLP
`james.l.davis@ropesgray.com
`scott.mckeown@ropesgray.com
`cassandra.roth@ropesgray.com
`Medtronic-Colibri-IPRService@ropesgray.com
`
`Brian Egan
`MORRIS, NICHOLS, ARSHT & TUNNELL LLP
`began@mnat.com
`
`Gregory Cordrey
`JEFFER MANGELS BUTLER & MITCHELL, LLP
`gcordrey@jmbm.com
`
`PATENT OWNER:
`
`Sarah E. Spires
`SKIERMONT DERBY LLP
`sspires@skiermontderby.com
`
`3
`
`
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