`571-272-7822
`
`Paper 69
`Date: December 18, 2014
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`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_____________
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`APOTEX INC.,
`Petitioner,
`
`v.
`
`WYETH LLC,
`Patent Owner.
`____________
`
`Case IPR2014-00115
`Patent 7,879,828 B2
`____________
`
`
`Before LORA M. GREEN, FRANCISCO C. PRATS, and
`JO-ANNE M. KOKOSKI, Administrative Patent Judges.
`
`GREEN, Administrative Patent Judge.
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`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
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`
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`
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`Petitioner, Apotex Inc., and Patent Owner Wyeth LLC, each requested oral
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`hearing pursuant to 37 C.F.R. § 42.70. Papers 64 and 67. The requests are
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`granted. Oral arguments will commence at 10:00 AM Eastern Time on January
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`
`
`IPR2014-00115
`Patent 7,879,828 B2
`
`
`23, 2015, on the ninth floor of Madison Building East, 600 Dulany Street,
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`
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`Alexandria, Virginia.
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`Each party will have forty-five minutes of total time to present arguments.
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`Petitioner bears the ultimate burden of proof that Patent Owner’s claims at issue in
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`this review are unpatentable. Petitioner will, therefore, open the hearing by
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`presenting its case regarding the challenged claims and grounds for which the
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`Board instituted trial. Patent Owner will then respond to Petitioner’s arguments.
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`Petitioner may reserve time to respond to arguments presented by Patent Owner.
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`The hearing will be open to the public for in-person attendance that will be
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`accommodated on a first-come, first-served basis. The Board will provide a court
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`reporter, and the transcript shall constitute the official record of the hearing.
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`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at least
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`five business days before the hearing. The Board requests that such exhibits be
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`filed at the Board at least five business days before the hearing. The parties must
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`file any objections to the demonstratives with the Board at least two business days
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`before the hearing. Any objection to demonstrative exhibits that is not timely
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`presented will be considered waived. The objections should identify with
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`particularity which demonstratives are subject to objection, and include a short
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`(one sentence or less) statement of the reason for each objection. No argument or
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`further explanation is permitted. The Board will consider the objections and
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`schedule a conference if deemed necessary. Otherwise, the Board will reserve
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`ruling on the objections until after the oral argument. The parties are directed to St.
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`Jude Medical, Cardiology Division, Inc. v. The Board of Regents of the University
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`of Michigan, IPR2013-00041 (PTAB January 27, 2014) (Paper 65), for guidance
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`regarding the appropriate content of demonstrative exhibits.
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`2
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`
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`IPR2014-00115
`Patent 7,879,828 B2
`
`
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`The Board expects lead counsel for each party to be present in person at the
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`
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`oral hearing. Any counsel of record, however, may present the party’s argument.
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`If either party anticipates that its lead counsel will not be attending the oral
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`argument, the parties should initiate a joint telephone conference with the Board no
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`later than two business days prior to the oral hearing to discuss the matter.
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`Any special requests for audio visual equipment should be directed to
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`Trials@uspto.gov.
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`Accordingly, it is
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`ORDERED that oral arguments in this proceeding shall take place beginning
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`at 10:00 AM Eastern Time on January 23, 2015, on the ninth floor of Madison
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`Building East, 600 Dulany Street, Alexandria; and
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`FURTHER ORDERED that the parties are authorized to file objections to
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`demonstrative exhibits no later than two business days before the hearing.
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`3
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`IPR2014-00115
`Patent 7,879,828 B2
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`For Petitioner:
`
`Kenneth J. Burchfiel
`Travis B. Ribar
`SUGHRUE MION PLLC
`kburchfiel@sughrue.com
`tribar@sughrue.com
`
`For Patent Owner:
`
`Stanley E. Fisher
`David Berl
`Galina Fomenkova
`WILLIAMS & CONNOLLY LLP
`sfisher@wc.com
`dberl@wc.com
`gfomenkova@wc.com
`
`4
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`
`
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