Oticon Medical AB et al. vs Cochlear Bone Anchored Solutions AB et al.

JUDGMENT Final Written Decision on Remand Determining Challenged Claim Unpatentable 35 U.S.C. ¿¿¿¿ 144, 318(a)

Order - Conduct of the Proceeding on Remand - 37 CFR 42.5

Petitioner's Notice of Appeal

Patent Owner Cochlear Notice of Appeal

FINAL WRITTEN DECISION 35 U.S.C. sec. 318(a) and 37 C.F.R. sec. 42.73

Exhibit 3002

Exhibit 3003

Exhibit 3004

Hearing Transcript

Petitioner's Opposition to Patent Owner's Motion to Exclude

Order - Conduct of the Proceeding - 37 CFR 42.5

Joint List of Objections to Demonstrative Exhibits

Exhibit 1133 - Petitioner's Updated Demonstrative Exhibits

Petitioner's Sixth Supplemental Exhibit List

Patent Owner's Updated Demonstrative Exhibits

Patent Owner's Updated Exhibit List as of July 9, 2018

Patent Owner's Objections to Evidence Submitted with Petitioner's Supplemental Briefing Pursuant to 37 C.F.R. Section 42.64(b)(1)

Patent Owner's Motion to Exclude Under 37 C.F.R. Section 42.64(c) Or, In the Alternative, Motion to Sur-Reply

Petitioner's Fifth Supplemental Exhibit List

Petitioner's Demonstrative Exhibits

Patent Owner's Demonstrative Exhibits

Patent Owner's Updated Exhibit List as of July 3, 2018

J. Rubinstein Depo Changes (29MAR2018)

J. Rubinstein Depo Changes (20JUN2018)

Exhibit 1128 - Mueller, What's the digital difference when it comes to patient benefit

Exhibit 1131 - Stenfelt, A bone-anchored hearing aid for patients

Petitioner's Reply to Patent Owner's Supplemental Response

Petitioner's Fourth Supplemental Exhibit List

Exhibit 1127 - Rubinstein Deposition Transcript Vol. II

Exhibit 1129 - U.S. Patent No. 4,548,082

Exhibit 1130 - U.S. Patent No. 5,091,952

Oral Argument 35 U.S.C. § 316(a)(10) and 37 C.F.R. § 42.70

Petitioner's Notice of Deposition - Jay Rubinstein

EXPUNGED

EXPUNGED

EXPUNGED

EXPUNGED

EXPUNGED

"Fitting Options for Adult Patients with Single Sided Deafness (SSD),¿¿¿ AudiologyOnline (2006)

WO1997030565 A1 to Neukermans (publication of PCT/US1997/002323)

Patent Owner's Updated Exhibit List as of June 5, 2018

Declaration of J. Rubinstein Addressing Claims 7-10 of '040 Patent

Patent Owner's Supplemental Response Addressing Claims 7-10 of '040 Patent

Order - Conduct of the Proceeding

Exhibit 3001

Conduct of the Proceeding 37 C.F.R. sec 42.5

Petitioner's Request for Oral Argument

Patent Owner's Request For Oral Argument

Corrected -- Baha Classic 300 User's Manual

Corrected -- Popelka, et al., Preliminary Evaluation of a Novel Bone-Conduction Device for Single-Sided Deafness

Petitioner Reply to Patent Owner Response

Petitioner's Third Supplemental Exhibit List

Exhibit 1121 - Rubinstein Deposition Transcript

Exhibit 1122 - Excerpt from Exhibit 1010 - Prosecution History of U.S. Patent No. 7,043,040

Exhibit 1125 - Classic 300 Audiology Instructions

Exhibit 1126 - PCT SE2002 001089 (WO2003001846)

Exhibit 1123 - BAHA Classic 300 Spec

Exhibit 1124 - baha Audiological Manual

Patent Owner's Updated Exhibit List as of March 30, 2018

Niparko, et al., Comparison of the Bone Anchored Hearing Aid Implantable Hearing Device with Contralateral Routing of Offside Signal Amplification in the Rehabilitation of Unilateral Deafness

Petitioner's Notice of Deposition - Jay Rubinstein

Joint Stipulation to Modify Due Date 2

PO's Disclaimer in Patent Under 37 CFR 1.321(a)

IEEE Standard Dictionary of Electrical & Electronics Terms, pp. 319 and 471 (ANSI-IEEE Std. 100-1988, 4th ed. 1988)

Cochlear, Understand the Types of Hearing Loss & Treatment Options

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Genie Medical Fitting Guide ¿¿¿ Ponto¿¿¿ ¿¿¿ The Bone Anchored Hearing System

Plaintiff Cochlear's Opposition to Oticon Defendants¿¿¿ Motion for Partial Summary Judgment of Invalidity for Indefiniteness (USDC, Dist. of Colorado, Case #1:16-cv-01700-PAB)

Stenfelt, Bilateral fitting of BAHAs and BAHA¿¿ fitted in unilateral deaf persons: et al., Int'l Journal of Audiology, 44:3, 178-189 (2005)

Cochlear¿¿¿ Baha 4 Fitting Software 4.0 Desk Reference

Candidacy Guide

EXPUNGED

Exh A to Decl of B. Chapman in Opposition to Oticon Defendants¿¿¿ Contingent Motion for Partial Summary Judgment of Invalidity for Indefiniteness (USDC, Dist. of Colorado)

Oticon Medical AB, 510(K) Summary K090996

The Ponto System and Benefits of Percutaneous BAHS

Baha Divino¿¿ User Manual

Nobel, 510(K) K984162, Summary of Safety and Effectiveness (06/28/99)

Entific, 510(K) K042017 Summary (08/26/04)

Audiological considerations of the Ponto bone anchored hearing system before and after surgery

Patent Owner's Updated Exhibit List as of December 21, 2017

Declaration of Jay Rubinstein

Patent Owner's Response Pursuant to 37 C.F.R. Section 42.120

American Board of Otolaryngology, Oral Certifying Information (2015) American Bd. of Otolaryngology)

American Board of Otolaryngology, Qualifying Exam, (2015 American Bd. of Otolaryngology)

American Board of Otolaryngology, ¿¿¿Oral Examination Candidate Guidelines¿¿¿ (2015 American Bd. of Otolaryngology)

Deposition Transcript of Gerald R. Popelka, Ph.D., taken 11/29/17 (w/o exhibits)

Oticon Medical AB¿¿¿s and Oticon Medical LLC¿¿¿s Objections and Responses to Plaintiffs¿¿¿ First Set of Requests for Admission, USDC CO Case No. 1:16-cv-01700-PAB-KMT

Cochlear, "How hearing works"

McCormick, What is single-sided deafness?

Decision Granting Motion to Withdraw Counsel

Patent Owner's Unopposed Motion to Withdraw Counsel

Power of Attorney

[Corrected] Patent Owner's Notice Of Cross-Examination Of Gerald R. Popelka

[CORRECTED] PATENT OWNER'S NOTICE OF CROSS-EXAMINATION OF GERALD R POPELKA

Joint Stipulation to Modify Due Dates 1 and 2 of the Scheduling Order

Patent Owner's Notice of Cross-Examination of Gerald Popelka

Petitioner's Second Supplemental Exhibit List

Petitioner's First Supplemental Exhibit List

Popelka Declaration [IPR2017-01019]

Kochkin

Patent Owner's Objections to Petitioner's Evidence Pursuant to 37 C.F.R. Sec. 42.64(b)(1)

Declaration of Jay Rubinstein in Support of Patent Owner's Preliminary Response [Previously Submitted in IPR2017-01019 as Corrected Exhibit 2002]

Patent Owner's Updated Exhibit List as of September 18, 2017

Patent Owner's Updated Mandatory Notice Pursuant to 37 C.F.R. ¿¿ 42.8

Consolidation of Proceedings with IPR2017-01019 being consolidated into IPR2017-01018

Trial Instituted Document

Scheduling Order

Patent Owner's Preliminary Response

U.S. Patent 7,043,040

Declaration of Jay Rubinstein

EXPUNGED

Notice of Accord Filing Date

Patent Owner's Mandatory Notices

Petition for Inter Partes Review of U.S. Patent No. 7,043,040

Vaneecloo [French]

Chasin 1999

Wazen 1998

Chasin 1997

Hough 1995

Fowler 1960

U.S. Patent No. 5,881,158 [Lesinski et al.]

U.S. Patent No. 4,729,366 [Schaefer]

Hawkins 1984

Dempsey

U.S. Patent No. 7,043,040 B2 [Westerkull]

Popelka Declaration

Vaneecloo [English]

Carlsson 1990

CA 2 301 437 A1 [Leyseiffer]

Prosecution History of U.S. Patent No. 7,043,040 B2

Hough 1986

EP 0 421 338 A1 [Farinella]

Weber 1992

Tjellstr¿¿m

U.S. Patent No. 6,697,674 [Leysieffer]

U.S. Patent No. 4,548,082 [Engebretson et al.]

Egolf

Power of Attorney