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`__________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`__________
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`
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`
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`PAR PHARMACEUTICAL, INC.,
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`and
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`LUPIN LTD. and LUPIN PHARMACEUTICALS, INC.,
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`Petitioners
`
`v.
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`HORIZON THERAPEUTICS, INC.,
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`Patent Owner
`
`__________
`
`
`
`Case IPR2015-01117*
`Patent 8,642,012
`
`__________
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`
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`PATENT OWNER’S REQUEST FOR ORAL ARGUMENT
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`
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`
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`* Case IPR2015-00283, instituted on a petition filed by Lupin Ltd. and Lupin
`Pharmaceuticals, Inc., has been joined with this proceeding.
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`
`
`Pursuant to 37 C.F.R. § 42.70(a) and the Board’s Scheduling Order (Paper
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`14), the Patent Owner requests oral argument, which is currently scheduled for
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`July 26, 2016. The Patent Owner expects to argue the following issues at the oral
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`argument:
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`(1) Whether the Petitioner has met its burden to show that claims 1, 3, 4,
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`7, 8, 10, and 12 of the ’012 Patent would have been obvious over
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`Brusilow ’91 in view of Sherwin ’19, Comte, and Shiple.
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`(2) Whether the Petitioner has met its burden to show that claim 5 of the
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`’012 Patent would have been obvious over Brusilow ’91 in view of
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`Sherwin ’19, Shiple, and Fernandes.
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`(3) Whether the Petitioner has met its burden to show that claims 2 and 9
`
`of the ’012 Patent would have been obvious over Brusilow ’91 in
`
`view of Sherwin ’19, Shiple, and the ’647 Patent.
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`(4) Whether the Petitioner has met its burden to show that claims 6 and
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`11 of the ’012 Patent would have been obvious over Brusilow ’91 in
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`view of Sherwin ’19, Shiple, Kasumov, and the ’979 Patent.
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`(5) Claim interpretations and any other subsidiary issue relevant to issues
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`(1) - (4).
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`(6) The Patent Owner’s responses to arguments made by the Petitioner in
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`the Reply (Paper 30) filed May 27, 2016.
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`IPR2015-01117
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`PO Request for Oral Argument
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`Page 1 of 2
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`
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`(7) Any other issues identified by the Patent Owner for oral argument or
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`any other issues raised in papers yet to be filed.
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`(8) Any other issues the Board deems necessary for issuing a final written
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`decision.
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`Date: 2016 June 16
`
`
`
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`Respectfully submitted,
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`By: / M.C. Phillips /
`Matthew C. Phillips
`Registration No. 43,403
`Backup Counsel for Patent Owner
`
`IPR2015-01117
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`PO Request for Oral Argument
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`Page 2 of 2
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`
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`CERTIFICATE OF SERVICE
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`
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`I hereby certify that on June 16, 2016, copies of the foregoing PATENT
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`OWNER’S REQUEST FOR ORAL ARGUMENT and all documents filed with it
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`were served via electronic mail, as agreed to by counsel, upon the following
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`counsel for the Petitioners:
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`David H. Silverstein: dsilverstein@axinn.com
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`Aziz Burgy: aburgy@axinn.com
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`Elizabeth J. Holland: eholland@goodwinproctor.com
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`Cynthia Lambert Hardman: chardman@goodwinprocter.com
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`/ M.C. Phillips /
`Matthew C. Phillips
`Registration No. 43,403
`
`
`IPR2015-01117
`
`PO Request for Oral Argument COS