throbber
Paper No. 60
`Filed: June 16, 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 No.: IPR2015-01103
`Patent No. 6,315,720
`___________________
`
`PETITIONER’S REQUEST FOR ORAL ARGUMENT
`
`

`
`Pursuant to 37 C.F.R. § 42.70, the Board’s October 27, 2015 Scheduling
`
`
`
`Order (Paper 23), Petitioner Coalition for Affordable Drugs VI LLC (“CFAD”)
`
`respectfully requests oral argument, which is currently scheduled for July 21, 2016.
`
`(Paper 23.)
`
`
`
`Petitioner specifies the following issues to be argued:
`
`1. Whether claims 1 – 32 are unpatentable under 35 U.S.C. § 103(a) over
`
`Mitchell and Dishman in view of Cunningham (Ex. 1008) and further
`
`in view of Mundt (Ex. 1017), Mann (Ex. 1018), Vanchieri (Ex. 1019),
`
`Shinn (Ex. 1020), Linnarsson (Ex. 1021), Grönroos (Ex. 1020), Soyka
`
`(ex. 1023), Hamera (Ex. 1024), Kosten (Ex. 1025), and Menill (Ex.
`
`1026);
`
`2. Whether Patent Owner’s alleged evidence of objective indicia is
`
`insufficient to overcome Petitioner’s showing of obviousness;
`
`3. Any issues specified by Patent Owner Celgene Corporation in its
`
`Request for Oral Argument;
`
`4. Rebuttal to Patent Owner’s presentation on all matters; and
`
`5. Any other outstanding motions and pleadings, and other issues that
`
`the Board deems necessary for issuing a Final Written Decision.
`
`CFAD requests it be permitted to argue first. Office Patent Trial Practice
`
`Guide, 77 Fed. Reg. 48,768 (Aug. 14, 2012) (“[A] petitioner to a hearing will go
`1

`
`

`
`first followed by the patent owner or respondent after which a rebuttal may be
`
`given by the petitioner.”) CFAD requests at least 60 minutes for its arguments
`
`with the opportunity to reserve time for a rebuttal.
`
`CFAD further respectfully requests the ability to use audio visual equipment
`
`to display possible demonstratives and exhibits, including the use of a computer,
`
`Respectfully Submitted,
`
`/Sarah E. Spires/
`Sarah E. Spires (Reg. No. 61,501)
`SKIERMONT DERBY LLP
`2200 Ross Ave., Ste. 4800W
`Dallas, Texas 75201
`P: 214-978-6600/F: 214-978-6601
`Lead Counsel for Petitioner
`
`Dr. Parvathi Kota (Reg. No. 65,122)
`Paul J. Skiermont (pro hac vice)
`Sadaf R. Abdullah (pro hac vice)
`SKIERMONT DERBY LLP
`2200 Ross Ave., Ste. 4800W
`Dallas, Texas 75201
`P: 214-978-6600/F: 214-978-6621
`Back-Up Counsel for Petitioner
`
`
`
`
`
`2

`
`projector, and screen.
`
`June 16, 2016
`
`
`
`
`
`
`

`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e), I certify that I caused to be served on the
`
`counsel for Patent Owner a true and correct copy of the foregoing Petitioner’s
`
`Request for Oral Argument, by filing this document through the Patent Review
`
`Processing System, as well as by electronic means on June 16, 2016 at the
`
`Respectfully submitted,
`
`/Sarah E. Spires/
`Sarah E. Spires (Reg. No. 61,501)
`Counsel for Petitioner
`
`  
`
`following addresses of record:
`
`Francis Cerrito
`nickcerrito@quinnemanuel.com
`
`Eric C. Stops
`ericstops@quinnemanuel.com
`
`Frank C. Calvosa
`frankcalvosa@quinnemanuel.com
`
`Anthony Insogna
`aminsogna@jonesday.com
`
`J. Patrick Elsevier
`jpelsevier@jonesday.com
`
`Gasper J. LaRosa
`gjlarosa@jonesday.com
`
`
`Dated: June 16, 2016

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

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.

throbber

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.

Become a Member

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

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket