`
`
`
`
`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
`Patent Nos. 6,458,158 and 8,182,532
`______________
`
`PETITIONER’S REQUEST FOR ORAL ARGUMENT PURSUANT TO 37
`C.F.R. §42.70(a)
`
`
`1 A word-for-word identical paper has been filed in each proceeding identified in
`the heading.
`
`
`
`Pursuant to 37 C.F.R. §42.70(a) and the Scheduling Order (Paper 16),
`
`Petitioner RTI Surgical, Inc. (“RTI”) respectfully requests oral argument in this
`
`matter. Oral argument is scheduled for June 2, 2020.
`
`The issues to be argued include:
`
`1. Whether the challenged claims of U.S. Patent Nos. 6,458,158 and
`
`8,182,532 are unpatentable based on the instituted grounds;
`
`2. The proper construction of disputed claim terms, including “cortical
`
`bone portion,” “cancellous bone portion,” “disposed between,” “plate like,” and
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`“through-hole”;
`
`3. Any issues raised by Petitioner or Patent Owner LifeNet Health
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`(“LifeNet”) in these proceedings, including in each of the Petitions for Inter Partes
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`Review, Patent Owner Responses, Replies and Sur-Replies in these proceedings;
`
`4. Any Motions to Exclude Evidence filed by Petitioner or Patent Owner;
`
`5. Any other motions or filings pending before this Board;
`
`6. Any additional issues raised by Patent Owner in its Request for Oral
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`Argument; and
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`7. Any additional issues raised by the panel or Patent Owner at oral
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`argument.
`
`1
`
`
`
`Petitioner requests that the two related proceedings referenced above be
`
`argued in one hearing. To ensure the parties have sufficient time to discuss each
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`patent, Petitioner requests that each side have sixty minutes for oral argument.
`
`As for the hearing logistics, the September 3, 2019, Order stated that the panel
`
`intended to hear oral argument (if it is held) at the USPTO regional office in San
`
`Jose, California. If the oral argument is held in person, Petitioner anticipates that up
`
`to six people may attend the hearing on its behalf. However, Petitioner understands
`
`that the Board has indicated that all oral arguments after March 13, 2020 (which
`
`would include the oral argument in these reviews) will occur remotely, with attorney
`
`participation
`
`by
`
`videoconference
`
`and/or
`
`telephone.
`
`
`
`(See
`
`https://www.uspto.gov/patents-application-process/patent-trial-and-appeal-
`
`board/hearings.)
`
` Petitioner understands
`
`that further
`
`instructions will be
`
`forthcoming. Petitioner notes that at least two members of its team, including the
`
`attorney who is likely to present oral argument, are “at high-risk for severe illness
`
`from
`
`COVID-19.”
`
`(COVID-19
`
`FAQs,
`
`Higher
`
`Risk,
`
`https://www.cdc.gov/coronavirus/2019-ncov/faq.html#high-risk.).
`
`Finally, Petitioner requests permission to use audio/visual conferencing
`
`software and/or equipment—including a computer, document camera, and monitor
`
`or electronic screen—to display demonstratives and exhibits remotely to other
`
`participants during the oral argument.
`
`2
`
`
`
`
`
`
`
`
`
`Dated: April 21, 2020
`
`Respectfully submitted,
`
`McANDREWS, HELD & MALLOY, LTD.
`
`
`
`By: /David D. Headrick/
`David D. Headrick
`Reg. No. 40,642
`Counsel for Petitioner
`RTI Surgical, Inc.
`
`3
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. §§ 42.6(e)(4), the undersigned certifies on this date, a
`
`true and correct copy of this PETITIONER’S REQUEST FOR ORAL
`
`ARGUMENT PURSUANT TO 37 C.F.R. §42.70(a) was served by e-mail on
`
`counsel for Patent Owner:
`
`Michael H. Jacobs
`Deborah H. Yellin
`LifeNet-RTI@crowell.com
`CROWELL & MORING LLP
`Intellectual Property Group
`1001 Pennsylvania Avenue, N.W.
`Washington, DC 20004-2595
`mjacobs@Crowell.com
`DYellin@Crowell.com
`
`
`
`
`
`By: /David D. Headrick/
`David D. Headrick
`Reg. No. 40,642
`Counsel for Petitioner
`RTI Surgical, Inc.
`
`
`
`
`Dated: April 21, 2020
`
`
`
`
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