`571-272-7822
`
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`
`
`
`
`
`
` Paper No. 34
` Entered: August 5, 2016
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`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`AKORN, INC.,
`Petitioner,
`
`v.
`
`
`SENJU PHARMACEUTICAL CO., LTD
`MITSUBISHI CHEMICAL CORPORATION,
`Patent Owner.
`____________
`
`Case IPR2015-01205
`Patent 6,114,319
`____________
`
`
`
`Before DEBORAH KATZ, JACQUELINE WRIGHT BONILLA, and
`GRACE KARAFFA OBERMANN, Administrative Patent Judges.
`
`KATZ, Administrative Patent Judge.
`
`
`
`ORDER – Oral Argument
`37 C.F.R. § 42.70
`
`Both parties requested oral argument in this trial. (See Papers 25 and
`27.) As indicated in the Scheduling Order (Paper 9), oral argument has been
`scheduled for September 7, 2016.
`
`
`
`IPR2015-01205
`Patent 6,114,319
`
`
`Accordingly, it is ORDERED that oral argument will commence at
`10:00 AM Eastern Time, on September 7, 2016, on the ninth floor of
`Madison Building East, 600 Dulany Street, Alexandria, Virginia.
`Petitioner and Patent Owner each will have 45 minutes to present
`arguments. Petitioner bears the ultimate burden of proof that the claims at
`issue in these reviews are unpatentable. Petitioner will, therefore, open the
`hearing by presenting its case regarding the challenged claims for which the
`Board instituted trial. Patent Owner will then respond to Petitioner’s
`arguments. Petitioner may reserve time to reply to arguments presented by
`Patent Owner.
`The oral hearing will be open to the public for in-person attendance.
`In-person attendance 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 for both cases.
`Any demonstrative exhibits must be served at least five business days
`before the hearing. The parties also shall provide a courtesy copy of any
`demonstrative exhibits to the Board at least five business days prior to the
`hearing by emailing them to Trials@uspto.gov, and the parties shall not file
`their demonstrative exhibits in these proceedings without prior authorization
`from the Board. Each party shall provide a hard copy of their demonstratives
`to the court reporter at the hearing.
`Demonstrative exhibits are not evidence and are not part of the record
`of the proceeding. They are intended only to assist the parties in presenting
`their oral argument to the panel. The parties shall meet and confer to discuss
`any objections to demonstrative exhibits at least three business days before
`the hearing. If any issues regarding demonstratives remain unresolved after
`
`
`
`2
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`
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`IPR2015-01205
`Patent 6,114,319
`
`the parties meet and confer, the parties shall file jointly a one-page list of
`objections to the demonstrative exhibits at least two business days before the
`hearing. For each objection, the list must identify with particularity the
`demonstratives subject to the objection and include a short, one-sentence
`statement explaining the objection. We will consider the objections and
`schedule a conference call if necessary. Otherwise, we will reserve ruling on
`the objections until the hearing or after the hearing. Any objection to
`demonstrative exhibits not presented timely will be considered waived.
`The parties also are reminded that during oral argument counsel must
`identify clearly and specifically each demonstrative exhibit (e.g., by slide or
`screen number) or page of the record referenced during the hearing to ensure
`the clarity and accuracy of the reporter’s transcript.
`The Board expects lead counsel for each party to be present in person
`at the 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 hearing, that party should initiate a joint telephone conference
`with the other party and the panel no later than two business days prior to the
`hearing to discuss the matter.
`Any special requests for audio visual equipment should be directed to
`Trials@uspto.gov at least three business days in advance of the hearing.
`
`
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`
`3
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`
`
`IPR2015-01205
`Patent 6,114,319
`
`
`
`For PETITIONER:
`Eldora L. Ellison
`Chandrika Vira
`Ralph W. Powers III
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`eellison-PTAB@skgf.com
`cvira-PTAB@skgf.com
`tpowers-PTAB@skgf.com
`
`
`
`For PATENT OWNER:
`John Kappos
`Filko Prugo
`O’MELVENY & MYERS LLP
`jkappos@omm.com
`fprugo@omm.com
`
`
`
`4
`
`
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