`Tel: 571-272-7822
`
`
`Paper 7
`Entered: March 8, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`EDWARDS LIFESCIENCES CORPORATION,
`Petitioner,
`
`v.
`
`ENDOHEART AG,
`Patent Owner.
`_______________
`
`Case IPR2016-00299 (Patent 8,182,530 B2)
` Case IPR2016-00300 (Patent 8,182,530 B2)1
`_______________
`
`
`
`Before LORA M. GREEN, RAMA G. ELLURU,
`and ROBERT A. POLLOCK, Administrative Patent Judges.
`
`POLLOCK, Administrative Patent Judge.
`
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`1 This Decision addresses issues that are common to each of the above-
`referenced cases. We, therefore, issue a single Decision that has been
`entered in each case. The parties are not authorized to use this style caption
`unless otherwise instructed by the Board.
`
`
`
`Case IPR2016-00299 (Patent 8,182,530 B2)
`Case IPR2016-00300 (Patent 8,182,530 B2)
`
`
`Petitioner, via a February 24, 2016 email communication to the
`Board, indicated that the Petitions’ identification of Edwards Lifesciences,
`LLC, and Edwards Lifesciences Corporation as real-parties-in-interest
`included a typographical error with respect to the relationship between the
`two entities. Petitioner sought authorization to clarify that relationship via a
`motion under 37 C.F.R. § 42.104(c), but indicated that counsel for
`Endoheart might oppose that motion, subject to the receipt of “information []
`about the nature of the error, how it arose, and how it should be corrected.”
`By email communication dated February 24, 2016, the Board urged
`the parties to resolve the issue amongst themselves.
`By email communication dated March 4, 2016, counsel for Petitioner
`stated that “no resolution has been reached” and requested a conference call
`with the Board.
`A conference call was held on March 7, 2016, between Judges Green,
`Elluru, and Pollock, and respective counsel for the parties, Todd Baker,
`Ruby Natnithithadha, and Catherine Nyarady for Petitioner, and Edward
`Arons and Joel Weiss for Patent Owner. During the call, Petitioner’s
`counsel explained that, upon recognizing the error, Petitioner provided
`Patent Owner with a declaration and publically available document
`clarifying that Edwards Lifesciences Corporation is the parent company of
`Edwards Lifesciences, LLC. Petitioner’s counsel now requests authorization
`to file a motion to correct a clerical or typographical mistake in the petition
`pursuant to 37 C.F.R. § 42.104(c). Patent Owner’s counsel stated that Patent
`Owner does not presently oppose the motion, but seeks to preserve the right
`to oppose the motion once it is filed.
`
` 2
`
`
`
`
`
`
`
`Case IPR2016-00299 (Patent 8,182,530 B2)
`Case IPR2016-00300 (Patent 8,182,530 B2)
`
`
`We grant Petitioner’s request to file a motion under 37 C.F.R.
`§ 42.104(c), such motion is due within 2 weeks of the entry of this Order and
`shall not exceed 5 pages. To the extent Patent Owner finds reason to oppose
`Petitioner’s motion, we authorize the filing of an opposition brief, due within
`2 weeks of Petitioner’s filing and not to exceed 5 pages.
`
`ORDER
`
`Accordingly, it is
`ORDERED that Petitioner’s request to file a motion under 37 CFR
`§ 42.104(c) to clarify that Edwards Lifesciences Corporation is the parent
`company of Edwards Lifesciences, LLC. is granted;
`ORDERED that Petitioner’s motion is due within two weeks of this
`Order and shall not exceed 5 pages;
`ORDRED that Patent Owner may respond on the merits to
`Petitioner’s motion under 37 CFR 42.104(c);
`FURTHER ORDERED that, in the event Patent Owner elects to so
`respond, any such motion is due within two weeks of the filing of
`Petitioner’s motion and shall not exceed 5 pages.
`
`
`
` 3
`
`
`
`
`
`
`
`Case IPR2016-00299 (Patent 8,182,530 B2)
`Case IPR2016-00300 (Patent 8,182,530 B2)
`
`
`
`PETITIONER:
`
`Todd Baker
`Ruby Natnithithadha
`Oblon, McClelland, Maier & Neustadt, LLP
`CPDocketBaker@oblon.com
`CPDocketRJN@oblon.com
`CPDocketBarton@oblon.com
`
`Brian Egan
`Morris, Nichols, Arsht & Tunnell LLP
`began@mnat.com
`
`Catherine Nyarady
`Paul, Weiss, Rifkind, Wharton & Garrison LLP
`cnyarady@paulweiss.com
`
`PATENT OWNER:
`
`Edward Arons
`Joel Weiss
`Weiss & Arons, LLP
`earons@weissarons.com
`jweiss@weissarons.com
`
`
` 4
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