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Paper No. __
`Filed: September 16, 2016
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`________________
`
`AMNEAL PHARMACEUTICALS LLC and PAR PHARMACEUTICAL, INC.
`
`Petitioners,
`
`v.
`
`JAZZ PHARMACEUTICALS, INC.
`
`Patent Owner
`
`________________
`
`Case IPR2015-01903
`Patent 8,731,963
`________________
`
`
`
`
`
`
`
`
`
`PATENT OWNER’S REQUEST FOR ORAL ARGUMENT
`PURSUANT TO 37 C.F.R. § 42.70
`
`
`
`
`
`
`
`
`
`

`
`Patent Owner Request for Oral Argument Case IPR2015-01903
`Patent 8,731,963
`
`
`Patent Owner, Jazz Pharmaceuticals, Inc. (“Jazz”) hereby requests that oral
`
`argument be held before the Patent Trial and Appeal Board (the “Board”) pursuant
`
`to 37 C.F.R. § 42.70 and the Board’s March 25, 2016 Scheduling Order (Paper 11).
`
`Jazz respectfully requests that it be allotted 45 minutes for argument. As set forth
`
`in its Order, the Board has currently scheduled the oral hearing for October 14,
`
`2016. This request encompasses each of the issues addressed in Petitioners’
`
`Petition (as applicable after institution) and Reply, Patent Owner’s Response, and
`
`all exhibits thereto, including declarations and depositions. The specific issues
`
`Patent Owner wishes to address are set forth below, without waiver or prejudice.
`
`ISSUES TO BE ARGUED
`
`1. Whether Petitioners have met their burden of proving that instituted
`
`claims 24, 26, and 27 of U.S. Patent No. 8,731,963 (Ex. 1001) are
`
`unpatentable as obvious over the ACA Materials (Exs. 1003-1006)
`
`and Korfhage (Ex. 1037).
`
`Jazz’s and Petitioners’ Motion(s) to Exclude Evidence, if any.
`
`Responses to any issues raised by Petitioners in their Request for Oral
`
`Argument or at the oral hearing.
`
`Any other issues that the Board deems necessary for issuing a final
`
`written decision.
`
`2.
`
`3.
`
`4.
`
`
`
`

`
`Patent Owner Request for Oral Argument Case IPR2015-01903
`Patent 8,731,963
`
`
`Jazz respectfully requests that the Board provide audio-visual equipment to
`
`display demonstrative exhibits, including a projector and screen.
`
`Date: September 16, 2016
`
`
`
`
`
`
` Respectfully submitted,
`
`By: /F. Dominic Cerrito (Reg. No. 38,100)/
` F. Dominic Cerrito (Reg. No. 38,100)
` Evangeline Shih (Reg. No. 50,170)
`Gabriel P. Brier (Reg. No. 55,026)
` Frank C. Calvosa (Reg. No. 69,064)
`QUINN EMANUEL URQUHART &
`SULLIVAN, LLP
`51 Madison Avenue, 22nd Floor
`New York, NY 10010
`General Tel: (212) 849-7000
`Fax: (212) 849-7100
`nickcerrito@quinnemanuel.com
`evangelineshih@quinnemanuel.com
`gabrielbrier@quinnemanuel.com
`frankcalvosa@quinnemanuel.com
`
`David B. Cochran (Reg. No. 44,114)
`JONES DAY
`North Point
`901 Lakeside Avenue
`Cleveland, Ohio 44114
`General Tel: (216) 586-3939
`Fax: (216) 579-0212
`dcochran@jonesday.com
`
`Attorneys for Jazz Pharmaceuticals, Inc.
`
`
`
`2
`
`

`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`________________
`
`AMNEAL PHARMACEUTICALS LLC and PAR PHARMACEUTICAL, INC.
`
`Petitioners,
`
`v.
`
`JAZZ PHARMACEUTICALS, INC.
`
`Patent Owner
`
`________________
`
`Case IPR2015-01903
`Patent 8,731,963
`________________
`
`CERTIFICATE OF SERVICE
`
`
`
`
`
`
`
`

`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned hereby certifies that PATENT
`
`OWNER’S REQUEST FOR ORAL ARGUMENT PURSUANT TO 37 C.F.R.
`
`§ 42.70 was served on September 16, 2016 by filing this document through the
`
`Patent Review Processing System, as well as e-mailing a copy to
`
`mruedy@meiplaw.com, smaddox@meiplaw.com, bradford.frese@arentfox.com,
`
`janine.carlan@arentfox.com, richard.berman@arentfox.com, and
`
`
` Respectfully submitted,
`
`By: /F. Dominic Cerrito (Reg. No. 38,100)/
` F. Dominic Cerrito (Reg. No. 38,100)
` QUINN EMANUEL URQUHART &
` SULLIVAN, LLP
` 51 Madison Avenue, 22nd Floor
` New York, NY 10010
` General Tel: (212) 849-7000
`Fax: (212) 849-7100
`nickcerrito@quinnemanuel.com
`
`Lead Counsel for
`Jazz Pharmaceuticals, Inc.
`
`
`
`XYREM@arentfox.com.
`
`
`Date: September 16, 2016

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