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`Entered: April 11, 2016
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________________
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`PRAXAIR DISTRIBUTION, INC.
`Petitioner
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`v.
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`MALLINCKRODT HOSPITAL PRODUCTS IP LTD.,
`Patent Owner
`_______________________
`
`Case IPR2015-00889
`U.S. Patent No. 8,573,209 B2
`_______________________
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`Before KEN B. BARRETT, MICHAEL J. FITZPATRICK, AND
`SCOTT A. DANIELS, Administrative Patent Judges.
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`PATENT OWNER’S REQUEST FOR ORAL ARGUMENT
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`Case IPR2015-00889
`U.S. Patent No. 8,573,209
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`Pursuant to 37 C.F.R. § 42.70 and the Board’s Order dated September 22,
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`2015 (Paper 16), Patent Owner Mallinckrodt Hospital Products IP Ltd. (“Patent
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`Owner”) respectfully requests oral argument on issues related to the patentability
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`of claims 1-7 of U.S. Patent No. 8,573,209 on the instituted grounds set forth in the
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`Board’s Decision (Paper 14) and on any issues specified in any motions to exclude
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`or motions for observation regarding cross-examination of reply witness filed by
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`the parties. The Board has previously scheduled the oral argument for May 16,
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`2016. (Paper 16.)
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`The Board has also scheduled hearings in the following four related cases on
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`the same date (May 16, 2016):
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`• IPR2015-00884 (U.S. Patent No. 8,291,904) (“’904 patent”);
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`• IPR2015-00888 (U.S. Patent No. 8,776,794) (“’794 patent”);
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`• IPR2015-00891 (U.S. Patent No. 8,573,210) (“’210 patent”); and
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`• IPR2015-00893 (U.S. Patent No. 8,776,795) (“’795 patent”).
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`The ’904, ’794, ’210, and ’795 patents are directed to similar technologies.
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`The five trials will therefore involve overlapping issues and arguments. Thus,
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`Patent Owner requests that the Board provide a consolidated oral argument for all
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`five trials in which Patent Owner is given three hours to present its arguments,
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`including any time reserved for rebuttal arguments.
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`Patent Owner respectfully requests that the hearing be held in Room A, in
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`1
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`Case IPR2015-00889
`U.S. Patent No. 8,573,209
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`order to accommodate the 9 attorneys and client representatives that we expect to
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`attend on behalf of Patent Owner. Based on discussions with Petitioner’s counsel,
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`we also understand that 6 attorneys and client representatives intend to attend on
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`behalf of Petitioner. Patent Owner also requests permission to use a computer,
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`projector, and screen to display possible demonstratives and exhibits.
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`Respectfully submitted,
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`By: /Robert Steinberg/
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`Robert Steinberg (Reg. No. 33,144)
`bob.steinberg@lw.com
`Latham & Watkins LLP
`355 South Grand Avenue
`Los Angeles, CA 90071-1560
`213.485.1234; 213.891.8763 (Fax)
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`Daniel G. Brown (Reg. No. 54,005)
`daniel.brown@lw.com
`Latham & Watkins LLP
`885 Third Avenue
`New York, NY 10022-4834
`212.906.1200; 212.751.4864 (Fax)
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`Counsel for Patent Owner
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`Dated: April 11, 2016
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`Case IPR2015-00889
`U.S. Patent No. 8,573,209
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e), I certify that on this 11th day of April,
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`2016, a true and correct copy of the foregoing Patent Owner’s Request for Oral
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`Argument was served by electronic mail on Petitioner’s lead and backup counsel
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`at the following email addresses:
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`sanjay.murthy@morganlewis.com
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`mike.abernathy@morganlewis.com
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`maria.doukas@morganlewis.com
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`margaux.nair@klgates.com
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`benjamin.weed@klgates.com
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`Praxair-Ikaria@klgates.com
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`By: /Robert Steinberg/
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`Robert Steinberg (Reg. No. 33,144)
`bob.steinberg@lw.com
`Latham & Watkins LLP
`355 South Grand Avenue
`Los Angeles, CA 90071-1560
`213.485.1234; 213.891.8763 (Fax)
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