`571-272-7822
`
`
`
`
`
`Paper 36
` Entered: March 3, 2015
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`BIODELIVERY SCIENCES INTERNATIONAL, INC.,
`Petitioner,
`
`v.
`
`RB PHARMACEUTICALS LIMITED,
`Patent Owner.
`____________
`
`Case IPR2014-00325
`Patent 8,475,832 B2
`____________
`
`Before TONI R. SCHEINER, JACQUELINE WRIGHT BONILLA, and
`ZHENYU YANG, Administrative Patent Judges.
`
`BONILLA, Administrative Patent Judge.
`
`
`
`
`ORDER
`Trial Hearing
`35 U.S.C. § 316(a)(10)
`
`
`
`
`Case IPR2014-00325
`Patent 8,475,832 B2
`
`
`
`
`
`
`
`Petitioner, BioDelivery Sciences International, Inc., and Patent Owner, RB
`Pharmaceuticals Limited, each requested oral argument pursuant to 37 C.F.R.
`§ 42.70(a). Papers 32 and 33. The requests are granted. The hearing will
`commence at 1:00 PM ET, on Friday, March 20, 2015, on the ninth floor of
`Madison Building East, 600 Dulany Street, Alexandria, Virginia.
`Each party will have forty-five (45) minutes of total time to present
`arguments. Petitioner bears the ultimate burden of proof that Patent Owner’s
`claims at issue in this review are unpatentable. Thus, Petitioner will open the
`hearing by presenting its case regarding the challenged claims and grounds for
`which the Board instituted trial. Patent Owner then will respond to Petitioner’s
`arguments. Petitioner may reserve time to respond to arguments presented by
`Patent Owner.
`Under 37 C.F.R. § 42.70(b), the parties shall serve any demonstrative
`exhibits upon each other at least five business days prior to the hearing.
`Demonstrative exhibits shall be filed at the Board two business days prior to the
`hearing, and the parties must initiate a conference call with the Board two business
`days prior to the hearing to resolve any dispute over the propriety of each party’s
`demonstrative exhibits. The parties are directed to St. Jude Medical, Cardiology
`Division, Inc. v. The Board of Regents of the University of Michigan, IPR2013-
`00041 (PTAB January 27, 2014) (Paper 65), for guidance regarding the appropriate
`content of demonstrative exhibits.
`The hearing will be open to the public for in-person attendance that will be
`accommodated on a first-come, first-served basis. The Board will provide a court
`reporter, and the reporter’s transcript will constitute the official record of the
`hearing. The parties are reminded that each presenter must identify clearly and
`
`
`
`2
`
`
`
`
`
`
`
`Case IPR2014-00325
`Patent 8,475,832 B2
`
`
`specifically each demonstrative exhibit, e.g., by slide or screen number, referenced
`during the oral hearing to ensure the clarity and accuracy of the reporter’s
`transcript.
`The Board expects lead counsel for each party to be present at the hearing,
`although any counsel of record may make the presentation. If either party
`anticipates that its lead counsel will not attend the oral argument, the parties should
`initiate a joint telephone conference with the Board no later than two business days
`prior to the oral hearing to discuss the matter.
`Requests for audio-visual equipment are to be made 5 days in advance of the
`hearing date. The request is to be sent to Trials@uspto.gov. If the request is not
`received timely, the equipment may not be available on the day of the hearing.
`
`Accordingly, it is
`ORDERED that oral arguments in this proceeding shall take place beginning
`at 1:00 PM Eastern Time on Friday, March 20, 2015, on the ninth floor of Madison
`Building East, 600 Dulany Street, Alexandria.
`
`
`
`
`
`
`
`3
`
`
`
`Case IPR2014-00325
`Patent 8,475,832 B2
`
`
`PETITIONER:
`
`
`
`
`
`
`Danielle L. Herritt
`McCarter & English, LLP
`dherritt@mccarter.com
`
`Kia L. Freeman
`McCarter & English, LLP
`kfreeman@mccarter.com
`
`
`
`PATENT OWNER:
`
`
`James M. Bollinger
`Troutman Sanders LLP
`james.bollinger@troutmansanders.com
`
`Daniel A. Ladow
`Troutman Sanders LLP
`daniel.ladow@troutmansanders.com
`
`4
`
`
`
`
`
`
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