Trials@uspto.gov
`571.272.7822
`
`
`
`
`
`
` Paper No. 68
`
` Entered: July 5, 2016
`
`
`
`
`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 IPR2015-01092 (Patent 6,045,501)
`Case IPR2015-01096 (Patent 6,315,720)
`Case IPR2015-01102 (Patent 6,315,720)
`Case IPR2015-01103 (Patent 6,315,720)1
`____________
`
`
`
`
`
`
`Before MICHAEL P. TIERNEY, GRACE KARAFFA OBERMANN, and
`TINA E. HULSE, Administrative Patent Judges.
`
`TIERNEY, Administrative Patent Judge.
`
`
`ORDER
`37 C.F.R. § 42.5
`
`
`
`
`
`1 This Order addresses issues common to all identified cases. We exercise
`our discretion to issue one Order to be filed in each case. The parties are not
`authorized to use this style heading.
`
`
`
`
`571.272.7822
`
`
`
`
`
`
` Paper No. 68
`
` Entered: July 5, 2016
`
`
`
`
`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 IPR2015-01092 (Patent 6,045,501)
`Case IPR2015-01096 (Patent 6,315,720)
`Case IPR2015-01102 (Patent 6,315,720)
`Case IPR2015-01103 (Patent 6,315,720)1
`____________
`
`
`
`
`
`
`Before MICHAEL P. TIERNEY, GRACE KARAFFA OBERMANN, and
`TINA E. HULSE, Administrative Patent Judges.
`
`TIERNEY, Administrative Patent Judge.
`
`
`ORDER
`37 C.F.R. § 42.5
`
`
`
`
`
`1 This Order addresses issues common to all identified cases. We exercise
`our discretion to issue one Order to be filed in each case. The parties are not
`authorized to use this style heading.
`
`
`
`
`
`Case IPR2015-01092 (Patent 6,045,501)
`Case IPR2015-01096 (Patent 6,315,720)
`Case IPR2015-01102 (Patent 6,315,720)
`Case IPR2015-01103 (Patent 6,315,720)
`
`
`As set forth in the Scheduling Orders, oral argument, if requested, is
`scheduled for July 21, 2016, in connection with this proceeding. Both
`parties have requested oral argument. The requests are granted.
`There is substantial overlap in the issues raised in the four cases.
`Accordingly, each party will have sixty (60) minutes total time to present
`arguments. Petitioner will proceed first to present its case with respect to the
`challenged claims and grounds for which the board instituted trial.
`Thereafter, Patent Owner will respond to Petitioner’s presentation. Both
`parties may reserve some of their argument time for rebuttal and Patent
`Owner will be afforded an opportunity to provide a closing statement along
`with any rebuttal.
`Oral argument will commence at 1:30 PM ET on July 21, 2016. The
`hearing will be conducted in Hearing Room A on the ninth floor of Madison
`Building East, 600 Dulany Street, Alexandria, Virginia 22314. The hearing
`will be open to the public for in-person attendance, which will be
`accommodated on a first-come-first-serve basis. The Board will provide a
`court reporter for the hearing, and the reporter’s transcript will constitute the
`official record of the hearing.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served
`seven business days prior to the hearing. The parties are further directed to
`request a conference call with the Board no later than three business days
`prior to the hearing to resolve any dispute over the propriety of each party’s
`demonstrative exhibits, and to file demonstrative exhibits two business days
`prior to the hearing. The parties are responsible for requesting such a
`conference sufficiently in advance of the hearing to accommodate this
`
`2
`
`
`
`Case IPR2015-01092 (Patent 6,045,501)
`Case IPR2015-01096 (Patent 6,315,720)
`Case IPR2015-01102 (Patent 6,315,720)
`Case IPR2015-01103 (Patent 6,315,720)
`
`requirement. Any objection to demonstrative exhibits that is not presented
`timely will be considered waived. The parties may refer to CBS Interactive
`Inc. v. Helferich Patent Licensing, LLC, IPR2013-00033 (PTAB October 23,
`2013) (Paper 118), and St. Jude Medical, Cardiology Div., Inc. v. The Board
`of Regents of the University of Michigan, IPR2013-00041 (PTAB Jan. 27,
`2014) (Paper 65) regarding the appropriate content of demonstrative
`exhibits.
`The parties are reminded that the presenter must identify clearly and
`specifically each demonstrative exhibit (e.g., by slide or screen number)
`referenced during the hearing to ensure the clarity and accuracy of the
`reporter’s transcript. The parties also should note that one panel member will
`be attending the hearings electronically from a remote location and that if a
`demonstrative is not filed or otherwise made fully available or visible to the
`judge presiding over the hearing remotely, that demonstrative will not be
`considered.
`Questions regarding specific audio-visual equipment should be
`directed to the Board at (571) 272-9797. Requests for audio-visual
`equipment are to be made 5 days in advance of the hearing date. The
`request is to be sent to Trials@uspto.gov. If the request is not received
`timely, the equipment may not be available on the day of the hearing. The
`parties are reminded that the presenter must identify clearly and specifically
`each demonstrative exhibit (e.g., by slide or screen number) referenced
`during the hearing to ensure the clarity and accuracy of the reporter’s
`transcript.
`
`3
`
`
`
`Case IPR2015-01092 (Patent 6,045,501)
`Case IPR2015-01096 (Patent 6,315,720)
`Case IPR2015-01102 (Patent 6,315,720)
`Case IPR2015-01103 (Patent 6,315,720)
`
`
`The Board expects lead counsel for each party to be present in person
`at the oral hearing. Lead or backup counsel, however, may present the
`party’s argument. If either party anticipates that its lead counsel will not be
`attending the oral argument, the parties should request a joint telephone
`conference with the Board no later than two business days prior to the oral
`hearing to discuss the matter.
`It is
`ORDERED that oral argument will commence at 1:30 PM ET on July
`21, 2016.
`
`
`
`
`
`
`4
`
`
`
`Case IPR2015-01092 (Patent 6,045,501)
`Case IPR2015-01096 (Patent 6,315,720)
`Case IPR2015-01102 (Patent 6,315,720)
`Case IPR2015-01103 (Patent 6,315,720)
`
`PETITIONER:
`
`Sarah Spires
`Parvathi Kota
`Ki O
`Paul Skiermont
`SKIERMONT PUCKETT LLP
`sarah.spires@skiermontpuckett.com
`1092CFAD6@skiermontpuckett.com
`ki.o@skiermontpuckett.com
`paul.skiermont@skiermontpuckett.com
`1096CFAD6@skiermontderby.com
`1102CFAD6@skiermontderby.com
`1103CFAD6@skiermontderby.com
`
`
`
`PATENT OWNER:
`
`Francis Cerrito
`Eric C. Stops
`Frank C. Calvosa
`QUINN EMANUEL URQUHART & SULLIVAN, LLP
`nickcerrito@quinnemanuel.com
`ericstops@quinnemanuel.com
`frankcalvosa@quinnemanuel.com
`
`Anthony Insogna
`J. Patrick Elsevier
`Gasper J. LaRosa
`JONES DAY
`aminsogna@jonesday.com
`jpelsevier@jonesday.com
`gjlarosa@jonesday.com
`
`5
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