Trials@uspto.gov Paper 52
`Tel: 571-272-7822
`Entered: November 23, 2016
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`COALITION FOR AFFORDABLE DRUGS VIII, LLC,
`Petitioner,
`
`v.
`
`THE TRUSTEES OF THE UNIVERSITY OF PENNSYLVANIA,
`Patent Owner.
`_____________
`
`
`
`Case IPR2015-01835 (Patent 8,618,135 B2)
`Case IPR2015-01836 (Patent 7,932,268 B2)1
`____________
`
`
`
`
`Before MICHAEL P. TIERNEY, LORA M. GREEN, and
`GRACE KARAFFA OBERMANN, Administrative Patent Judges.
`
`GREEN, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`1 This order addresses issues that are the same in the identified cases. We
`exercise our discretion to issue one order to be filed in each case. The
`parties are authorized to use this style heading when filing a single paper in
`the listed proceedings, provided that such heading includes a footnote
`attesting that “the word-for-word identical paper is filed in each proceeding
`identified in the heading.”
`
`
`Tel: 571-272-7822
`Entered: November 23, 2016
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`COALITION FOR AFFORDABLE DRUGS VIII, LLC,
`Petitioner,
`
`v.
`
`THE TRUSTEES OF THE UNIVERSITY OF PENNSYLVANIA,
`Patent Owner.
`_____________
`
`
`
`Case IPR2015-01835 (Patent 8,618,135 B2)
`Case IPR2015-01836 (Patent 7,932,268 B2)1
`____________
`
`
`
`
`Before MICHAEL P. TIERNEY, LORA M. GREEN, and
`GRACE KARAFFA OBERMANN, Administrative Patent Judges.
`
`GREEN, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`1 This order addresses issues that are the same in the identified cases. We
`exercise our discretion to issue one order to be filed in each case. The
`parties are authorized to use this style heading when filing a single paper in
`the listed proceedings, provided that such heading includes a footnote
`attesting that “the word-for-word identical paper is filed in each proceeding
`identified in the heading.”
`
`
`
`IPR2015-01835 (Patent 8,618,135 B2)
`IPR2015-01836 (Patent 7,932,268 B2)
`
`
`Petitioner, Coalition for Affordable Drugs, VIII, LLC, and Patent
`Owner, The Trustees of the University of Pennsylvania, have requested for
`oral hearing pursuant to 37 C.F.R. § 42.70. Papers 42 and 40.2 The requests
`are granted. Oral arguments will commence at 2:00 PM Eastern Time on
`December 1, 2016, on the ninth floor of Madison Building East, 600 Dulany
`Street, Alexandria, Virginia.
`
`Each party will have one hour to present arguments. Petitioner bears
`the ultimate burden of proof that the claims at issue in this review are
`unpatentable. Patent Owner bears the burden of proof with respect to its
`Motion to Amend. Petitioner will 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 and also argue in support
`of its Motion to Amend.
`Each party may reserve time to respond to arguments presented by the
`other party with some limitations. More specifically, to the extent that
`Petitioner reserves time, it may respond only to Patent Owner’s presentation
`on all matters. To the extent that Patent Owner reserves time, it may
`respond only to Petitioner’s arguments opposing the Motion to Amend.
`The hearing will be open to the public for in-person attendance that
`will be accommodated on a first-come, first-served basis. The Board will
`provide a court reporter, and the transcript shall constitute the official record
`of the hearing.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at
`least five business days before the hearing. The Board requests that such
`
`
`2 The paper numbers refer to the paper numbers in IPR2015-01835.
`2
`
`
`
`
`
`IPR2015-01835 (Patent 8,618,135 B2)
`IPR2015-01836 (Patent 7,932,268 B2)
`
`exhibits be filed at the Board at least five business days before the hearing.
`The parties must file any objections to the demonstratives with the Board at
`least two business days before the hearing. Any objection to demonstrative
`exhibits that is not timely presented will be considered waived. The
`objections should identify with particularity which demonstratives are
`subject to objection, and include a short (one sentence or less) statement of
`the reason for each objection. The Board asks the parties to confine
`demonstrative exhibit objections to those identifying egregious violations
`that are prejudicial to the administration of justice. The Board will reserve
`ruling on the objections until after the oral argument. The parties are
`directed to St. Jude Medical, Cardiology Division, Inc. v. The Board of
`Regents of the University of Michigan, IPR2013-00041 (PTAB January 27,
`2014) (Paper 65), for guidance regarding the appropriate content of
`demonstrative exhibits. The parties are reminded that the demonstratives do
`not constitute evidence, but are only aids to oral argument. The parties are
`reminded further that the presenter must identify clearly and specifically
`each demonstrative exhibit (e.g., by slide or screen number) 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 oral hearing. Any counsel of record, however, may present the party’s
`argument. If either party anticipates that its lead counsel will not be
`attending the oral argument, the parties should initiate a joint telephone
`conference with the Board no later than two business days prior to the oral
`hearing to discuss the matter.
`
`
`
`3
`
`
`
`IPR2015-01835 (Patent 8,618,135 B2)
`IPR2015-01836 (Patent 7,932,268 B2)
`
`
`Any special requests for audio visual equipment should be directed to
`Trials@uspto.gov. Requests for special equipment will not be honored
`unless presented in a separate communication directed to the above email
`address not less than five days before the hearing.
`Accordingly, it is
`ORDERED that oral arguments in this proceeding shall take place
`beginning at 2:00 PM Eastern Time on December 1, 2016, on the ninth floor
`of Madison Building East, 600 Dulany Street, Alexandria.
`
`
`
`
`4
`
`
`
`IPR2015-01835 (Patent 8,618,135 B2)
`IPR2015-01836 (Patent 7,932,268 B2)
`
`For PETITIONER:
`
`Gregory Gonsalves
`gonsalves@gonsalveslawfirm.com
`
`Christopher Casieri
`chris@miplaw.com
`
`For PATENT OWNER:
`William James
`wjames@goodwinprocter.com
`
`Cynthia Hardman
`chardman@goodwinprocter.com
`
`
`
`5
`
`
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