`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________________________________
`
`RTI SURGICAL, INC.
`Petitioner,
`
`v.
`
`LIFENET HEALTH
`Patent Owner.
`________________________
`
`Case Nos. IPR2019-00569 and IPR2019-005701
`U.S. Patent Nos. 6,458,158 and 8,182,532
`________________________
`
`
`
`
`PATENT OWNER’S REQUEST FOR ORAL ARGUMENT
`
`
`
`
`
`
`1 A word-for-word identical paper has been filed in each proceeding
`identified in the heading.
`
`
`
`Pursuant to the Board’s Scheduling Order dated September 3, 2019 (Paper
`
`No. 16 in IPR2019-00569, Paper No. 17 in IPR2019-00570), Patent Owner
`
`LifeNet Health (“LifeNet”) respectfully requests oral argument in each of the
`
`above-identified proceedings, currently scheduled for June 2, 2020.
`
`
`
`Pursuant to 37 C.F.R. § 42.70(a), and without waiving the right to raise any
`
`additional issues not listed below, LifeNet requests an oral hearing on the
`
`following issues:
`
`
`
`1. Any issues raised by Petitioner RTI Surgical (“RTI”) in these
`
`proceedings, including in each of the Petitions for Inter Partes Review and Replies
`
`in these proceedings, and including whether the claims of U.S. Patent Nos.
`
`6,458,158 and 8,182,532 are patentable;
`
`
`
`
`
`
`
`
`
`and
`
`
`
`
`
`2. Any issues raised by LifeNet or RTI during these proceedings;
`
`3. Any Motions to Exclude Evidence filed by LifeNet or RTI;
`
`4. Any other motions or filings pending before this Board;
`
`5. Any additional issues raised by RTI in its Request for Oral Argument;
`
`6. Any additional issues raised by this Board or RTI at oral argument.
`
`In the interest of efficiency, and consistent with the Board’s order setting a
`
`single hearing date for both proceedings, LifeNet requests that the two related
`
`proceedings referenced above be consolidated and argued in one hearing. To
`
`
`
`ensure the parties have sufficient time to discuss each of the two patents, LifeNet
`
`requests that each side have 90 minutes for oral argument.
`
`Pursuant to the USPTO’s notice regarding PTAB oral hearings occurring
`
`after March 13, 2020, should in-person hearings remain prohibited by June 2,
`
`2020, LifeNet intends to participate via remote video and/or telephonically.
`
`LifeNet requests that counsel be able to present slides at the hearing.
`
`Should in-person hearings be available by June 2, 2020, LifeNet requests the
`
`ability to use computers at the hearing, as well as audio/visual equipment to
`
`display demonstrative exhibits, including the use of a projector and screen for a
`
`PowerPoint presentation. LifeNet requests that at least five spaces be reserved at
`
`the oral hearing.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Date: April 21, 2020
`
`
`
`
`Respectfully submitted,
`
`/Michael H. Jacobs/ /
`Michael H. Jacobs
`Reg. No. 41,870
`Crowell & Moring LLP
`1001 Pennsylvania Avenue, N.W.
`Washington, DC 20004-2595
`
`Counsel for Patent Owner
`
`
`
`Certificate of Service
`
`The undersigned certifies that on the date indicated below a copy of the
`
`foregoing PATENT OWNER’S REQUEST FOR ORAL ARGUMENT was served
`
`electronically by filing these documents through the PTAB e2e System, as well as
`
`by e-mailing a copy to the following counsel of record for Petitioner:
`
`Herbert D. Hart III
`hhart@mcandrews-ip.com
`
`David D. Headrick
`dheadrick@mcandrews-ip.com
`
`Steven J. Hampton
`shampton@mcandrews-ip.com
`
`Gregory C. Schodde
`gschodde@mcandrews-ip.com
`
`Scott P. McBride
`smcbride@mcandrews-ip.com
`
`Peter J. Lish
`plish@mcandrews-ip.com
`
`RTI158IPR@mcandrews-ip.com; RTI532IPR@mcandrews-ip.com
`
`
`
`Date: April 21, 2020
`
`
`Respectfully submitted,
`/Shannon Lentz/
`
`
`
`
`
`
`
`
`
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