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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`COALITION FOR AFFORDABLE DRUGS X LLC,
`Petitioner,
`
`v.
`
`ANACOR PHARMACEUTICALS, INC.,
`Patent Owner.
`
`Case No. IPR2015-01776
`Patent No. 7,582,621
`
`PATENT OWNER’S REQUEST FOR ORAL
`ARGUMENT UNDER 37 C.F.R. § 42.70
`
` DC: 6177010-1
`
`
`
`Docket No. 036914.0005-US01
`
`
`IPR2015-01776
`
`In accordance with 37 C.F.R. § 42.70(a) and the Scheduling Order (Paper
`
`No. 25) as modified by the Joint Notices of Stipulation to Adjust Schedule (Paper
`
`No. 28 and No. 31), Patent Owner requests the opportunity to present oral
`
`argument on the instituted ground of unpatentability for U.S. Patent No. 7,528,621
`
`(see Paper No. 24, p. 15), which encompasses each of the claim construction and
`
`obviousness issues addressed in Petitioner’s Petition and Reply, Patent Owner’s
`
`Response, and all exhibits thereto, including declarations and depositions.
`
`The instituted ground and other issues to be addressed at oral argument
`
`include:
`
`(1) Petitioner has failed to carry its burden under 35 U.S.C. § 316(e) to prove
`
`that Claims 1–12 of the ’621 Patent are unpatentable under 35 U.S.C. § 103(a) over
`
`Austin and Brehove;
`
`(2) Petitioner has failed to carry its burden under 35 U.S.C. § 316(e) to prove
`
`that Claims 1–12 of the ’621 Patent are unpatentable under 35 U.S.C. § 103(a) over
`
`Austin and Freeman;
`
`(3) Petitioner’s Reply inappropriately introduced new arguments and
`
`evidence outside the scope of a proper reply as defined in 37 C.F.R. § 42.23(b);
`
`(4) Patent Owner’s Motion to Exclude Evidence Pursuant to 37 C.F.R.
`
`§ 42.64; and
`
`
`
`- 1 -
`
`
`
`Docket No. 036914.0005-US01
`
`IPR2015-01776
`
`(5) Rebuttal to Petitioner’s presentation on all matters, including: i) issues 1
`
`through 4 above; and ii) any motion to excludefiled by Petitioner.
`
`Patent Owner requests 30 minutes of argument time for the issues in the
`
`present proceeding. Oral argument (Due Date 7) is scheduled for November3,
`
`2016 (Paper No. 25, p. 6).
`
`Date: September 27, 2016
`
`Respectfully submitted,
`
`
`By|a/yt£~7 >LTze
`
`AndreaG.Reister,
`Registration No. 36,253
`Enrique D. Longton
`Registration No. 47,304
`COVINGTON & BURLING LLP
`One CityCenter, 850 Tenth Street, NW
`Washington, DC 20001
`(202) 662-6000
`Attorneys for Patent Owner
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6, I hereby certify that on this 27th day of
`
`September 2016,
`
`the foregoing Patent Owner’s Request for Oral Argument
`
`Under 37 C.F.R. § 42.70 was served by electronic mail, by agreementofthe parties,
`
`on the following counsel of record for Petitioner:
`
`Jeffrey D. Blake
`Kathleen E. Ott
`Peter A. Gergely
`Ryan James Fletcher
`Brent E. Routman
`KerydinIPR@merchantgould.com
`Merchant & Gould PC
`191 Peachtree Street NE, Suite 4300
`Atlanta, GA 30303
`
` Date: September 27, 2016
`
`Andrea G.Reister, Esq.
`Reg. No.: 36,253
`
`
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