`Trials@uspto.gov
`Entered: November 22, 2017
`Tel: 571-272-7822
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`ST. JUDE MEDICAL, LLC,
`Petitioner,
`v.
`THE REGENTS OF THE UNIVERSITY OF CALIFORNIA,
`Patent Owner.
`
`Case IPR2017-01338 (Patent 6,502,576)
`Case IPR2017-01339 (Patent 6,164,283)1
`
`
`
`
`
`
`
`
`
`
`Before PATRICK R. SCANLON and JAMES A. WORTH,
`Administrative Patent Judges.
`WORTH, Administrative Patent Judge.
`
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`1 Although the proceedings have not been consolidated, this Order addresses
`issues that are common to each of the above-referenced proceedings. The
`parties may use this style caption when filing a single paper in multiple
`proceedings, provided that such caption includes a footnote attesting that
`“the word-for-word identical paper is filed in each proceeding identified in
`the caption.”
`
`
`
`IPR2017-01338 (Patent 6,502,576)
`IPR2017-01339 (Patent 6,164,283)
`
`
`On July 20, 2017, the Board granted Patent Owner, The Regents of
`the University of California (“The Regents”), authorization to file a motion
`to dismiss based on Eleventh Amendment immunity and postponed the due
`date for the Patent Owner Preliminary Response to October 16, 2017. Paper
`7. On July 25, 2017, The Regents filed “Patent Owner’s Motion to
`Dismiss.” Paper 9. On August 1, 2017, Petitioner, St. Jude Medical, LLC
`(“St. Jude”), filed “Petitioner’s Opposition to Motion to Dismiss.” Paper 13.
`On August 8, 2017, The Regents filed “Patent Owner’s Reply to Opposition
`to Motion to Dismiss.” Paper 14. The Board denied a request from St. Jude
`to file a sur-reply. Paper 17.
`On September 12, 2017, the Board granted The Regents a two-month
`extension of the due date for the Patent Owner Preliminary Response, i.e.,
`until December 16, 2017.
`On November 16, 2017, a conference call was held between Judges
`Scanlon, Worth, Woods, and counsel for the parties. The Regents requested
`a further extension of the due date for the Patent Owner Preliminary
`Response. St. Jude expressed an interest in completing these proceedings in
`advance of the trial for the parallel district court proceeding, which is
`scheduled for February, 2019. The Regents referred to its motion to dismiss.
`After considering the timing of these Board proceedings, we find a further
`two-month postponement for the Patent Owner Preliminary Response to be
`reasonable.
`Accordingly, it is
`ORDERED that Patent Owner Preliminary Response is due February
`16, 2018.
`
`
`2
`
`
`
`IPR2017-01338 (Patent 6,502,576)
`IPR2017-01339 (Patent 6,164,283)
`
`PETITIONER:
`
`Matthew Smith
`SMITH BALUCH LLP
`smith@smithbaluch.com
`
`Zhuanjia Gu
`TURNER BOYD LLP
`gu@turnerboyd.com
`
`PATENT OWNER:
`
`Jonathan Lindsay
`Kainoa Asuega
`CROWELL & MORING LLP
`jlindsay@crowell.com
`kasuega@crowell.com
`
`
`3
`
`
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