`Filed: June 16, 2016
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`________________
`
`COALITION FOR AFFORDABLE DRUGS VI LLC
`
`Petitioner,
`
`v.
`
`CELGENE CORPORATION
`
`Patent Owner
`
`________________
`
`Case IPR2015-01096
`Patent 6,315,720
`________________
`
`
`
`
`
`
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`
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`PATENT OWNER’S REQUEST FOR ORAL ARGUMENT
`PURSUANT TO 37 C.F.R. § 42.70
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`
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`
`
`
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`Patent Owner Request for Oral Argument Case IPR2015-01096
`Patent 6,315,720
`
`
`Patent Owner, Celgene Corporation (“Celgene”), hereby requests that oral
`
`argument be held before the Patent Trial and Appeal Board (the “Board”) pursuant
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`to 37 C.F.R. § 42.70 and the Board’s October 27, 2015 Scheduling Order (Paper
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`22). As set forth in its Order, the Board has currently scheduled the oral hearing
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`for July 21, 2016. This request encompasses each of the issues addressed in
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`Petitioner’s Petition (as applicable after institution) and Reply, Patent Owner’s
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`Response, and all exhibits thereto, including declarations and depositions. The
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`specific issues Patent Owner wishes to address are set forth below, without waiver
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`or prejudice.
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`1.
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`2.
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`ISSUES TO BE ARGUED
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`The correct definition of a person of ordinary skill in the art for this
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`proceeding.
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`Claim construction – The proper construction of the term
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`“prescription approval code.”
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`3. Whether Petitioner’s Reply contains improper reply evidence and
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`arguments.
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`4. Whether Petitioner has met its burden of proving the challenged
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`claims of U.S. Patent No. 6,315,720 (Ex. 1001) unpatentable as
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`obvious over Thalomid PI (Ex. 1006) in view of Cunningham (Ex.
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`Patent Owner Request for Oral Argument Case IPR2015-01096
`Patent 6,315,720
`
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`1009) and further in view of Keravich (Ex. 1018), Zeldis (Ex. 1012),
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`5.
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`6.
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`7.
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`and Mundt (Ex. 1024).
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`Patent Owner’s and Petitioner’s Motion(s) to Exclude Evidence, if
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`any.
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`Responses to any issues raised by Petitioner in its Request for Oral
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`Argument or at the oral hearing.
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`Any other issues that the Board deems necessary for issuing a final
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`written decision.
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`Patent Owner respectfully requests that the Board provide audio-visual
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`equipment to display demonstrative exhibits, including a projector and screen.
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`Finally, Celgene notes that the patent at-issue in this IPR is also being
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`reviewed in IPR2015-01102 and -1103. Further, Celgene owns another patent that
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`is currently being reviewed in IPR2015-01092. The trial for those three
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`proceedings has also been scheduled for July 21, 2016. Celgene respectfully
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`requests a combined hearing for all four proceedings, with 45 minutes of oral
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`argument time per side in the combined oral hearing.
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`Date: June 16, 2016
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` Respectfully submitted,
`
`By: /F. Dominic Cerrito (Reg. No. 38,100)/
` F. Dominic Cerrito (Reg. No. 38,100)
` Andrew S. Chalson (pro hac vice)
` Eric C. Stops (Reg. No. 51,163)
` Frank C. Calvosa (Reg. No. 69,064)
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`
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`2
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`Patent Owner Request for Oral Argument Case IPR2015-01096
`Patent 6,315,720
`
`
` QUINN EMANUEL URQUHART &
` SULLIVAN, LLP
` 51 Madison Avenue, 22nd Floor
` New York, NY 10010
` Tel: (212) 849-7000
` Fax: (212) 849-7100
` nickcerrito@quinnemanuel.com
` ericstops@quinnemanuel.com
` andrewchalson@quinnemanuel.com
` frankcalvosa@quinnemanuel.com
`
`Anthony M. Insogna (Reg. No. 35,203)
`J. Patrick Elsevier (Reg. No. 44,668)
`JONES DAY
`12265 El Camino Real
`Suite 200
`San Diego, CA 92130
`Tel: (858) 314-1200
`Fax: (858) 314-1150
`aminsogna@jonesday.com
`jpelsevier@jonesday.com
`
`Gasper J. LaRosa
`JONES DAY
`222 E 41st Street
`New York, NY 10017
`Tel: (212) 326-3939
`Fax: (212) 755-7306
`gjlarosa@jonesday.com
`
`Attorneys for Celgene Corporation
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`3
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`________________
`
`COALITION FOR AFFORDABLE DRUGS VI LLC
`
`Petitioner,
`
`v.
`
`CELGENE CORPORATION
`
`Patent Owner
`
`________________
`
`Case IPR2015-01096
`Patent 6,315,720
`________________
`
`CERTIFICATE OF SERVICE
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`
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e), the undersigned hereby certifies that PATENT
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`OWNER’S REQUEST FOR ORAL ARGUMENT PURSUANT TO 37 C.F.R.
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`§ 42.70 was served on June 16, 2016 by filing this document through the Patent
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`Review Processing System, as well as e-mailing a copy to
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`sabdullah@skiermontderby.com, sspires@skiermontderby.com,
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`pkota@skiermontderby.com, and pskiermont@skiermontderby.com.
`
`
` Respectfully submitted,
`
`By: /F. Dominic Cerrito (Reg. No. 38,100)/
` F. Dominic Cerrito (Reg. No. 38,100)
` QUINN EMANUEL URQUHART &
` SULLIVAN, LLP
` 51 Madison Avenue, 22nd Floor
` New York, NY 10010
` General Tel: (212) 849-7000
`Fax: (212) 849-7100
`nickcerrito@quinnemanuel.com
`
`Lead Counsel for
`Celgene Corporation
`
`
`
`
`Date: June 16, 2016
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