`Tel: 571-272-7822
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`Paper 61
`Entered: June 15, 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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`COALITION FOR AFFORDABLE DRUGS II LLC,
`Petitioner,
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`v.
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`NPS PHARMACEUTICALS, INC.,
`Patent Owner.
`____________
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`Cases IPR2015-00990 and IPR2015-01093
`(Patent 7,056,886 B2)
`_______________
`
`Before LORA M. GREEN, JACQUELINE WRIGHT BONILLA, and
`SHERIDAN K. SNEDDEN, Administrative Patent Judges..
`
`SNEDDEN, Administrative Patent Judge.
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`ORDER
`Granting Request for Oral Argument
`37 C.F.R. § 42.70
`
`
`
`IPR2015-00990 and IPR2015-01093
`Patent 7,056,886 B2
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`I.
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`INTRODUCTION
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`The Scheduling Order for these cases sets the date for oral hearing as
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`June 23, 2016, if a hearing is requested by the parties and granted by the
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`Board. Both parties have requested oral hearing pursuant to 37 C.F.R.
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`§ 42.70. Papers 48 and 53 in IPR2015-00990; Papers 46 and 51 in IPR2015-
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`01093. The parties’ requests for oral hearing are granted.
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`A. Time and Format
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`The hearing will commence at 9:30 AM Eastern Time on
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`June 23, 2016. The hearing will be open to the public, for in-person
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`attendance, on the ninth floor of Madison Building East, 600 Dulany Street,
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`Alexandria, Virginia. In-person attendance will be accommodated on a first
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`come, first served basis.
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`Petitioner will have a combined 60 minutes to present argument in
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`these cases. Patent Owner will have 60 minutes to respond. Petitioner bears
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`the ultimate burden of proof that Patent Owner’s claims at issue in these
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`reviews are unpatentable. Therefore, Petitioner will open the hearing by
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`presenting its case regarding the challenged claims for which the Board
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`instituted trial. After Petitioner’s presentation, Patent Owner will respond to
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`Petitioner’s argument. Petitioner may reserve rebuttal time to respond to
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`arguments presented by Patent Owner.
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`The Board will provide a court reporter for the hearing and the
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`reporter’s transcript will constitute the official record of the hearing. There
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`will be only one transcript, which will be entered into each case. For the
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`purposes of maintaining a clear record, however, the parties should clearly
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`IPR2015-00990 and IPR2015-01093
`Patent 7,056,886 B2
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` state whether certain arguments are applicable to both cases or whether the
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`issue is limited to a particular case.
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`B. Demonstratives
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`As set forth in 37 C.F.R. § 42.70(b), demonstrative exhibits shall be
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`served on opposing counsel at least five business days before the hearing. In
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`contrast to what is expressly stated in § 42.70(b), the parties shall file the
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`demonstrative exhibits no later than two business days before the hearing to
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`allow the panel sufficient time to review the materials.
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`The panel reminds the parties that demonstrative exhibits are not
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`evidence, but are intended to assist the parties in presenting their oral
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`arguments to the Board. The panel will distinguish evidence in the record
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`from argument appearing in demonstrative exhibits, and all arguments must
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`be supported by evidence already of record. The panel also reminds the
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`parties that demonstrative exhibits are not a mechanism for making
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`arguments not previously addressed in the Papers. The panel will not
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`consider arguments or evidence appearing only in demonstrative exhibits.
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`Due to the nature of the panel’s consideration of demonstrative
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`exhibits, the panel does not anticipate that objections to such exhibits would
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`likely be sustained. Nevertheless, to the extent that the parties object to the
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`propriety of any demonstrative exhibit, we expect that the parties will meet
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`and confer in good faith to resolve any objections to demonstrative exhibits.
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`If such objections cannot be resolved, the parties may file any objections to
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`demonstratives with the Board at least two business days before the hearing.
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`The objections should identify with particularity which portions of the
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`demonstrative exhibits are subject to objection, include a copy of the
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`IPR2015-00990 and IPR2015-01093
`Patent 7,056,886 B2
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`objected-to portions, and include a one-sentence statement of the reason for
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`each objection. No argument or further explanation is permitted. We will
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`consider any objections and schedule a conference call if deemed necessary.
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`Otherwise, we will reserve ruling on the objections. Any objection to
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`demonstrative exhibits that is not timely presented will be considered
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`waived.
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`Finally, the parties are reminded that each presenter must identify
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`clearly and specifically each demonstrative exhibit (e.g., by slide or screen
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`number) referenced during the hearing to ensure the clarity and accuracy of
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`the reporter’s transcript.
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`C. Lead Counsel
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` The Board expects lead counsel for each party to be present at the
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`oral hearing, although any backup counsel may present the party’s argument.
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`If either lead counsel is unable to be present at the hearing, the Board shall
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`be advised by email no later than two (2) business days prior to the oral
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`hearing, and such lead counsel shall be available for a conference call if
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`necessary.
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`D. Audio/Visual Equipment Requests
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`Questions regarding specific audio-visual equipment should be
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`directed to the Board at (571) 272-9797. Requests for audio-visual
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`equipment are to be made 5 days in advance of the hearing date. The
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`request is to be sent to Trials@uspto.gov. If the request is not received
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`timely, the equipment may not be available on the day of the hearing.
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`IPR2015-00990 and IPR2015-01093
`Patent 7,056,886 B2
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`PETITIONER:
`
`Jeffrey D. Blake
`Matthew L. Fedowitz
`Merchant & Gould P.C.
`jblake@merchantgould.com
`mfedowitz@merchantgould.com
`
`
`PATENT OWNER:
`
`Joseph R. Robinson
`Heather Morehouse Ettinger
`Dustin B. Weeks
`Troutman Sanders LLP
`Joseph.robinson@troutmansanders.com
`Heather.ettinger@troutmansanders.com
`Dustin.weeks@troutmansanders.com
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