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IPR2015-00990; -01093
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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`COALITION FOR AFFORDABLE DRUGS II LLC,
`
`Petitioner,
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`v.
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`NPS PHARMACEUTICALS, INC.
`
`Patent Owner.
`____________
`
`
`Cases IPR2015-00990 and IPR2015-01093
`(Patent 7,056,886 B2)1
`
`
`PATENT OWNER’S REQUEST FOR ORAL ARGUMENT
`
`
`
`
`
`
`1 Pursuant to the Board’s Scheduling Order in these IPRs, “the word-for-word
`identical paper is filed in each proceeding identified in the heading.” See, e.g.,
`IPR2015-00990, Paper 29, footnote 1.
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`28520775v1
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`IPR2015-00990; -01093
`Patent Owner’s Request for Oral Argument
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`Pursuant to the Board’s October 23, 2015 Scheduling Order (IPR2015-
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`00990, Paper 29; IPR2015-01093, Paper 27) and the Notices of Stipulation
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`Regarding Scheduling Order (IPR2015-00990, Papers 31 and 39; IPR2015-01093,
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`Papers 29 and 37), Patent Owner respectfully requests oral argument, scheduled for
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`June 23, 2016. Patent Owner requests 90 minutes to present its arguments. Under
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`37 C.F.R. § 42.70, and without intending to waive any issue not specifically
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`identified, Patent Owner specifies the following issues to be argued:
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`1. Whether Petitioner has met its burden of proving claims 46-50, 52,
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`and 69-75 are unpatentable as obvious over the combination of Drucker ’379,
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`Kornfelt, and Osterberg, in IPR2015-00990.
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`2. Whether Petitioner has met its burden of proving claims 51 and 75 are
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`unpatentable as obvious over the combination of Drucker ’379, Kornfelt,
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`Osterberg, and Munroe, in IPR2015-00990.
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`3. Whether Petitioner has met its burden of proving claims 61-67 are
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`unpatentable as obvious over the combination of Drucker ’600, Kornfelt,
`
`Osterberg, and Holthuis in IPR2015-00990.
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`4. Whether Petitioner has met its burden of proving claim 68 is
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`unpatentable as obvious over the combination of Drucker ’600, Kornfelt,
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`Osterberg, Holthuis, and Munroe, in IPR2015-00990.
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`28520775v1
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`IPR2015-00990; -01093
`Patent Owner’s Request for Oral Argument
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`5. Whether Petitioner has met its burden of proving claims 1-27, 33-35,
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`38, and 45 are unpatentable as obvious over the combination of Drucker ’379,
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`Kornfelt, and Osterberg, in IPR2015-01093.
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`6. Whether Petitioner has met its burden of proving claims 31, 32, and
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`44 are unpatentable as obvious over the combination of Drucker ’379, Kornfelt,
`
`Osterberg, and Munroe, in IPR2015-01093.
`
`7. Whether Petitioner has met its burden of proving claims 39 and 40 are
`
`unpatentable as obvious over the combination of Drucker ’379, Kornfelt,
`
`Osterberg, and Holthuis, in IPR2015-01093.
`
`8. Whether Petitioner has met its burden of proving claim 36 and 37 are
`
`unpatentable as obvious over the combination of Drucker ’379, Kornfelt,
`
`Osterberg, and Drucker ’574, in IPR2015-02093.
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`9. Any issues specified by Petitioner in its Request for Oral Argument.
`
`10. Rebuttal to Petitioner’s presentation on all matters; and
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`11. Any other issues that the Board deems necessary for issuing a final
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`written decision.
`
`Patent Owner requests the ability to use a digital projector and screen for use
`
`with a laptop computer to display demonstrative exhibits, but will direct that
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`request to trials@uspto.gov not less than five days before the hearing, unless the
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`Board instructs otherwise.
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`28520775v1
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`IPR2015-00990; -01093
`Patent Owner’s Request for Oral Argument
`
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`Dated: May 18, 2016
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` Respectfully submitted,
`
`/Joseph R. Robinson/
`
`Joseph R. Robinson, PTO Reg. No. 33,448
`
` Heather M. Ettinger, PTO Reg. No. 51,658
` Dustin B. Weeks, PTO Reg. No. 67,466
` Attorneys for Patent Owner
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`28520775v1
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`IPR2015-00990; -01093
`Patent Owner’s Request for Oral Argument
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`
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of the foregoing PATENT
`
`OWNER’S REQUEST FOR ORAL ARGUMENT has been on attorney for
`
`Petitioner, served via electronic mail on May 18, 2016, to the following addresses
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`provided by Petitioner:
`
`Jeffrey D. Blake, Esq.
`jblake@merchantgould.com
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`28520775v1
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` Respectfully submitted,
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`/Dustin B. Weeks/
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` Dustin B. Weeks, PTO Reg. No. 67,466
`
`
`Dated: May 18, 2016

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