Ex Parte 8145317 et al

Patent Trial and Appeal BoardMar 28, 2016

95002327 (P.T.A.B. Mar. 28, 2016)

UNITED STATES PATENT AND TRADEMARK OFFICE UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www.uspto.gov APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 95/002,327 09/14/2012 8145317 404668US110RX 8278 5514 7590 03/29/2016 FITZPATRICK CELLA HARPER & SCINTO 1290 Avenue of the Americas NEW YORK, NY 10104-3800 EXAMINER WEHNER, CARY ELLEN ART UNIT PAPER NUMBER 3993 MAIL DATE DELIVERY MODE 03/29/2016 PAPER Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ ST. JUDE MEDICAL, INC., Requester and Respondent v. MEDTRONIC ARDIAN LUXEMBOURG S.A.R.L., Patent Owner and Appellant ____________ Appeal 2015-007439 Reexamination Control 95/002,327 Patent 7,617,005 B2 Technology Center 3900 ____________ ORDER DISMISSING APPEAL On October 16, 2014, Patent Owner and Appellant, Medtronic Ardian Luxembourg S.A.R.L. (“Appellant”), filed a Notice of Appeal in this reexamination. Upon requests for an oral hearing on this appeal filed by both Third Party Requester, St. Jude Medical, Inc. (“Respondent”) and Appellant, an oral hearing was granted and scheduled for May 4, 2016. However, on March 18, 2016, Appellant filed a communication requesting that the appeal be withdrawn in this reexamination. Accordingly, the appeal in this reexamination is dismissed and the oral hearing scheduled for May 4, 2016, is hereby cancelled. Appeal 2015-007439 Reexamination Control 95/002,327 Patent 7,617,005 B2 2 The reexamination is being returned to the Examiner for further action as may be appropriate. If there are any questions pertaining to this Order, please contact the Patent Trial and Appeal Board at 571-272-9797. peb PATENT OWNER: FITZPATRICK CELLA HARPER & SCINTO 1290 Avenue of the Americas New York, NY 10104-3800 THIRD PARTY REQUESTER: OBLON, SPIVAK, MCCLELLAND MAIER & NEUSTADT, LLP 1940 Duke Street Alexandria, VA 22314