From:
`To:
`Cc:
`
`Subject:
`Date:
`
`Trials
`Murphy, Brian P.; Trials
`Polins, Greg; Sernel, Marc; hari.santhanam@kirkland.com; #AdvancedBionics-PTAB; Reitboeck, Georg; Rualo,
`Tess; Medelipr
`RE: MED-EL v. Advanced Bionics, IPR2020-01016 and IPR2021-00044 -- Renewed Motion for Consolidation
`Friday, February 25, 2022 9:45:20 AM
`
`Counsel:
`Petitioner’s request for authorization to file a motion to consolidate IPR2020-01016 and
`IPR2021-00044 is granted.
`
`Any motion shall be limited to seven substantive pages and filed no later than March 3, 2022.
`Patent Owner may file an opposition, also limited to seven substantive pages, and filed no later
`than March 10, 2022.
`
`Thank you,
`
`Maria King
`Deputy Chief Clerk for Trials
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`703-756-1288
`
`
`
`
`From: Murphy, Brian P. <BMurphy@haugpartners.com>
`Sent: Wednesday, February 23, 2022 5:42 PM
`To: Trials <Trials@USPTO.GOV>
`Cc: Polins, Greg <greg.polins@kirkland.com>; Sernel, Marc <msernel@kirkland.com>;
`hari.santhanam@kirkland.com; #AdvancedBionics-PTAB <AdvancedBionics-PTAB@kirkland.com>;
`Reitboeck, Georg <GReitboeck@haugpartners.com>; Rualo, Tess <TRualo@haugpartners.com>;
`Medelipr <Medelipr@haugpartners.com>
`Subject: RE: MED-EL v. Advanced Bionics, IPR2020-01016 and IPR2021-00044 -- Renewed Motion for
`Consolidation
`
`
`CAUTION: This email has originated from a source outside of USPTO. PLEASE CONSIDER THE SOURCE before
`responding, clicking on links, or opening attachments.
`
`
`
`Dear Board,
`
`Petitioner Med-El respectfully requests authorization to file a 7-page renewed motion to
`consolidate IPR2020-01016 and IPR2021-00044. By Order dated July 2, 2021, the Board
`granted in part Petitioner’s May 24, 2021 Motion to Consolidate, allowing for a consolidated
`hearing (which took place on January 5, 2022), but maintaining the two proceedings “for
`administrative ease.” See IPR2020-01016, Paper 30; IPR2021-00044, Paper 23. Petitioner
`now seeks to renew its motion to fully consolidate the two proceedings in light of (1) the fact
`
`IPR2020-01016
`IPR2021-00044
`
`1
`
`Ex. 3003
`
`

`

`that at this point, there is no further need to keep the proceedings apart for administrative
`ease, and (2) to account for the recent decision of the Court of Appeals for the Federal
`Circuit addressing the issue of estoppel under 35 U.S.C. § 315(e)(1), Intuitiv Surgical, Inc.
`v. Ethicon LLC, No. 2020-1481, 2022 WL 414252 (Fed. Cir. Feb. 11, 2022). Petitioner’s
`request is made pursuant to the Board’s authority under 35 U.S.C. § 315(d) and 37 CFR §
`42.122(a).
`
`Petitioner is advised by Patent Owner’s counsel the Patent Owner opposes this request. If
`the Board grants Petitioner authorization to file a renewed motion, Patent Owner requests
`an opposition of equal length as Petitioner’s motion.
`
`Counsel are available for a telephone conference at the Board’s convenience if so desired.
`
`Respectfully submitted,
`
`Brian Murphy
`Partner
`
`Haug Partners LLP
`745 Fifth Avenue, 10th Floor
`New York, NY 10151
`+1 212.588.0800 Main
`+1 212.863.2040 Direct
`
`bmurphy@haugpartners.com
`www.haugpartners.com
`
`
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`
`IPR2020-01016
`IPR2021-00044
`
`2
`
`Ex. 3003
`
`