Ex Parte 8,131,371 B2 et al

Patent Trial and Appeal Board

Mar 28, 2016

95002253 (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.
95/002,253 09/13/2012 8,131,371 B2 404654US110RX 7394
5514 7590 03/29/2016
FITZPATRICK CELLA HARPER & SCINTO
1290 Avenue of the Americas
NEW YORK, NY 10104-3800
EXAMINER
FLANAGAN, BEVERLY MEINDL
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 2015-007263
Reexamination Control 95/002,253
Patent 8,131,371 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that the appeal be withdrawn in this reexamination.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 2015-007263
Reexamination Control 95/002,253
Patent 8,131,371 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