Trials@uspto.gov
`571-272-7822
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` Paper No. 37
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`Entered: November 4, 2016
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`COALITION FOR AFFORDABLE DRUGS VII, LLC,
`Petitioner,
`
`v.
`
`POZEN INC.,
`Patent Owner.
`____________
`
`Case IPR2015-01718
`Patent 8,945,621 B2
`____________
`
`
`
`Before TONI R. SCHEINER, LORA M. GREEN, and
`JACQUELINE WRIGHT BONILLA, Administrative Patent Judges.
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`SCHEINER, Administrative Patent Judge.
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`
`
`ORDER
`Request for Oral Argument
`37 C.F.R. § 42.70
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`
`
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` A
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` trial in this proceeding was instituted on February 22, 2016. Paper 17. A
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`Scheduling Order entered on the same date set the oral hearing for November 16,
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`571-272-7822
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` Paper No. 37
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`Entered: November 4, 2016
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`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`COALITION FOR AFFORDABLE DRUGS VII, LLC,
`Petitioner,
`
`v.
`
`POZEN INC.,
`Patent Owner.
`____________
`
`Case IPR2015-01718
`Patent 8,945,621 B2
`____________
`
`
`
`Before TONI R. SCHEINER, LORA M. GREEN, and
`JACQUELINE WRIGHT BONILLA, Administrative Patent Judges.
`
`SCHEINER, Administrative Patent Judge.
`
`
`
`ORDER
`Request for Oral Argument
`37 C.F.R. § 42.70
`
`
`
`
` A
`
` trial in this proceeding was instituted on February 22, 2016. Paper 17. A
`
`Scheduling Order entered on the same date set the oral hearing for November 16,
`
`
`
`IPR2015-01718
`Patent 8,945,621 B2
`
`2016, if requested by the parties and granted by the Board. Paper 18. Patent
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`Owner and Petitioner each requested oral hearing pursuant to 37 C.F.R. § 42.70(a).
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`Papers 35, 36. The parties’ requests are granted according to the terms set forth
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`below.
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`An oral argument for IPR2015-01718 will commence at 1:00 PM Eastern
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`Time, on November 16, 2016, on the ninth floor of Madison Building East, 600
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`Dulany Street, Alexandria, Virginia.
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`Each party will have 45 minutes to present arguments. Petitioner bears the
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`ultimate burden of persuasion that the claims at issue in this review are
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`unpatentable. Petitioner will, therefore, open the hearing by presenting its case
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`regarding the challenged claims for which the Board instituted trial. Patent Owner
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`then will have the opportunity to respond to Petitioner’s arguments. Petitioner may
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`use any time it has reserved for rebuttal to respond to arguments presented by
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`Patent Owner. Patent Owner may not reserve rebuttal time.
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`The oral hearing will be open to the public for in-person attendance. In-
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`person attendance will be accommodated on a first come first served basis.
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`The Board will provide a court reporter for the hearing and the reporter’s
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`transcript will constitute the official record of the hearing.
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`Under 37 C.F.R. § 42.70(b), any demonstrative exhibits must be served on
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`opposing counsel at least seven (7) business days before the hearing. The parties
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`are directed to St. Jude Medical, Cardiology Division, Inc. v. The Board of Regents
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`of the University of Michigan, Case IPR2013-00041 (PTAB Jan. 27, 2014) (Paper
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`65), for guidance regarding the appropriate content of demonstrative exhibits. The
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`Board expects that the parties will meet and confer in good faith to resolve any
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`objections to demonstrative exhibits, but if any such objections cannot be resolved,
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`the parties must file any objections to the demonstratives with the Board at least
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`2
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`IPR2015-01718
`Patent 8,945,621 B2
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`two business days before the hearing. The objections should identify with
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`particularity which portions of the demonstratives are subject to objection, include
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`a copy of the objected-to portions, and include a short, one-sentence statement of
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`the reason for each objection. No argument or further explanation is permitted.
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`Any objection that is not timely presented will be considered waived. We note that
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`demonstrative exhibits are only an aid to oral argument, and are not evidence of
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`record in the proceedings.
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`The parties also shall provide the demonstrative exhibits to the Board at least
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`two (2) business days prior to the hearing by emailing them to Trials@uspto.gov.
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`Despite the requirement in 37 C.F.R. § 42.70(b) for parties to file demonstratives,
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`the parties shall not file any demonstrative exhibits in these cases without prior
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`authorization from the Board. A hard copy of the demonstratives should be
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`provided to the court reporter at the hearing.
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`The parties are reminded that, during the hearing, the presenter must identify
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`clearly each demonstrative exhibit (e.g., by referencing a specific slide or screen
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`number) to ensure clarity and accuracy of the reporter’s transcript.
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`The Board expects lead counsel for each party to be present at the oral
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`hearing. Lead or backup counsel, however, may present the party’s argument. If
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`either party anticipates that its lead counsel will not be attending the hearing, that
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`party should initiate a joint telephone conference with the other party and the panel
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`no later than two (2) business days prior to the hearing to discuss the matter.
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`Any special requests for audio visual equipment should be directed to
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`Trials@uspto.gov at least four (4) business days in advance of the hearing.
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`3
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`IPR2015-01718
`Patent 8,945,621 B2
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`It is
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`ORDERED that oral argument will commence at 1:00 PM ET, on November
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`16, 2016.
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`4
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`IPR2015-01718
`Patent 8,945,621 B2
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`
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`For PETITIONER:
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`Jerry Harris, Jr.
`Amy LaValle
`CFAD.IPRs@wickphillips.com
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`Rodney B. Carroll
`rcarroll@dfw.conleyrose.com
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`5
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`IPR2015-01718
`Patent 8,945,621 B2
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`For PATENT OWNER:
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`Margaret Sampson, Ph.D.
`margaret.sampson@bakerbotts.com
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`Jeffrey S. Gritton
`jeff.gritton@bakerbotts.com
`
`Dennis Bennett
`dennisbennett@globalpatentgroup.com
`
`Matthew Phillips
`matthew.phillips@renaissanceiplaw.com
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`Thomas Blinka
`zIPR2015-01718@cooley.com
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`Stephen M. Hash, Ph.D.
`PozenVimovoBB@BakerBotts.com
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`Ricardo Rodriguez
`zIPR2015-01718@cooley.com
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`Lauren Stevens
`lstevens@horizonpharma.com
`Kevin Laurence
`kevin.laurence@renaissanceiplaw.com
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`James Monroe
`james.monroe@finnegan.com
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`Danielle Pfifferling
`danielle.pfifferling@finnegan.com
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`6
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