`Matthew L. Fedowitz, Esq.
`MERCHANT & GOULD P.C.
`191 Peachtree Street N.E., Suite 4300
`Atlanta, GA 30303
`jblake@merchantgould.com
`mfedowitz@merchantgould.com
`Main Telephone: (404) 954-5100
`Main Facsimile: (404) 954-5099
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________
`
`
`
`COALITION FOR AFFORDABLE DRUGS II LLC
`Petitioner
`
`
`
`v.
`
`
`
`NPS PHARMACEUTICALS, INC.
`Patent Owner
`
`_____________________
`
`Case No. IPR2015-00990
`Patent No. 7,056,886
`_____________________
`
`
`
`PETITIONER’S REQUEST FOR ORAL ARGUMENT
`
`
`
`By:
`
`
`
`
`
`
`
`
`
`
`
`
`Pursuant to 37 C.F.R. § 42.70(a), the Coalition for Affordable Drugs II LLC
`
`(“Petitioner”) respectfully requests oral argument before the Patent Trial and
`
`Appeal Board. Petitioner requests oral argument to discuss the issues raised in the
`
`parties’ filings in the pending inter parties review, including but not limited to, the
`
`following items:
`
`1. Whether claims 46-50, 52, and 69-75 are unpatentable under 35 U.S.C. §
`
`103(a) as obvious over the combination of Drucker ’379, Kornfelt, and
`
`Osterberg.
`
`2. Whether claims 51 and 75 are unpatentable under 35 U.S.C. § 103(a) as
`
`obvious over the combination of Drucker ’379, Kornfelt, Osterberg, and
`
`Munroe.
`
`3. Whether claims 61-67 are unpatentable under 35 U.S.C. § 103(a) as obvious
`
`over the combination of Drucker ’600, Kornfelt, Osterberg, and Holthuis.
`
`4. Whether claim 68 is unpatentable under 35 U.S.C. § 103(a) as obvious over
`
`the combination of Drucker ’600, Kornfelt, Osterberg, Holthuis, and
`
`Munroe.
`
`5. Rebuttal to Patent Owner’s presentation on issues or arguments raised by the
`
`Patent Owner in the Patent Owner’s Response (Paper 33) and subsequent
`
`Patent Owner’s representations to the Board.
`
`
`
`
`
`
`
`6. Any other issue related to invalidity issues that the Board deems necessary
`
`for issuing a final written decision.
`
`The Board has currently scheduled oral argument for June 23, 2016. See
`
`Paper 29, p. 6. Petitioner requests clarification on the timing and logistics of the
`
`oral argument as the Board issued a consolidated Scheduling Order for both
`
`IPR2015-00990 and IPR2015-01093.
`
`Additionally, Petitioner requests permission to use audio/visual equipment to
`
`display demonstratives and exhibits.
`
`
`
`This request is timely filed by Due Date 4 pursuant to the parties’ Notice of
`
`Stipulation Regarding Scheduling Order filed February 17, 2016 (Paper 39).
`
`
`
`No fees are required for filing this request; however, the Commissioner is
`
`authorized to charge any additional fees which may be required, or credit any
`
`overpayment, to Deposit Account No. 13-2725.
`
`
`Date: May 18, 2016
`
`
`
`
`
`Respectfully submitted,
`
`By: /s/ Matthew L. Fedowitz
`Jeffrey D. Blake, Esq., Reg. No. 58,886
`Matthew L. Fedowitz, Esq., Reg. No. 61,386
`MERCHANT & GOULD P.C.
`191 Peachtree Street N.E., Suite 4300
`Atlanta, GA 30303
`jblake@merchantgould.com
`mfedowitz@merchantgould.com
`Main Telephone: (404) 954-5100
`Main Facsimile: (404) 954-5099
`Counsel for Petitioner
`
`
`
`
`
`
`
`Certification of Service
`
`Pursuant to 37 C.F.R § 42.6, the undersigned hereby certifies that a copy of
`
`this PETITIONER’S REQUEST FOR ORAL ARGUMENT has been served on
`
`May 18, 2016 by email on counsel of record for the Patent Owner as follows:
`
`
`Joseph R. Robinson
`Heather Morehouse Ettinger
`Troutman Sanders LLP
`The Chrysler Building
`405 Lexington Avenue
`New York, NY 10174-0700
`joseph.robinson@troutmansanders.com
`heather.ettinger@troutmansanders.com
`
`Dustin B. Weeks
`Troutman Sanders LLP
`Bank of America Plaza
`600 Peachtree Street NE, Suite 5200
`Atlanta, GA 30308-2231
`dustin.weeks@troutmansanders.com
`
`
`
`Date: May 18, 2016
`
`
`
`
`
`Respectfully submitted,
`
`/s/ Matthew L. Fedowitz
`Matthew L. Fedowitz, Reg. No. 61,386
`MERCHANT & GOULD P.C.
`Attorney for Petitioner CFAD
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
