`571.272.7822
`
`
`
`
`
`Paper No. 64
` Entered: January 17, 2017
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`
`PAR PHARMACEUTICAL, INC.,
`BRECKENRIDGE PHARMACEUTICAL, INC., AND
`ROXANE LABORATORIES, INC.,
`Petitioners,
`
`v.
`
`NOVARTIS AG,
`Patent Owner.
`
`_____________
`
`Case IPR2016-000841
`Patent 5,665,772
`_____________
`
`
`Before CHRISTOPHER L. CRUMBLEY, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`1 Breckenridge Pharmaceutical, Inc. was joined as a party to this proceeding
`via a Motion for Joinder in IPR2016-01023; Roxane Laboratories, Inc. was
`joined as a party via a Motion for Joinder in IPR2016-01102.
`
`
`
`Case IPR2016-00084
`Patent 5,665,772
`
`
`Petitioners Par Pharmaceutical, Inc., Breckenridge Pharmaceutical,
`Inc., and Roxane Laboratories, Inc., and Patent Owner Novartis AG, each
`requested oral argument in this inter partes review trial pursuant to 37
`C.F.R. § 42.70. Papers 51, 52. Upon consideration, these requests are
`granted. Oral argument shall commence at 9:00 AM Eastern Time on
`February 2, 2017, on the ninth floor of Madison Building East, 600 Dulany
`Street, Alexandria, Virginia. Each party will have forty-five minutes of total
`time to present arguments.
`The Petitioners bear the ultimate burden of proof that the claims at
`issue in this review are unpatentable. Therefore, Petitioners2 will open the
`hearing by presenting argument regarding the pending grounds of
`unpatentability. Patent Owner will then have the opportunity to respond to
`Petitioners’ arguments. If desired, Petitioners may reserve rebuttal time to
`respond to arguments presented by Patent Owner.
`The Board will provide a court reporter, and the transcript shall
`constitute the official record of the hearing. No Motions to Seal have been
`filed in this proceeding. Accordingly, the Board concludes that the parties
`are capable of presenting their arguments without discussing confidential
`information, and exercises its discretion to make the oral hearing publicly
`accessible. The hearing will be open to the public for in-person attendance
`that will be accommodated on a first-come, first-served basis.
`
`
`2 In their Request for Oral Argument, Petitioners propose that lead counsel
`for Par Pharmaceutical will present argument on behalf of all Petitioners,
`with lead counsel for the other Petitioners present. Paper 51, 1. This
`proposal is acceptable to the Board.
`
`
`
`2
`
`
`
`Case IPR2016-00084
`Patent 5,665,772
`
`
`Pursuant to 37 C.F.R. § 42.70(b), demonstrative exhibits shall be
`served on opposing counsel at least seven business days before the hearing,
`and filed with the Board no later than the time of the oral argument. The
`parties are directed to St. Jude Medical, Cardiology Division, Inc. v. The
`Board of Regents of the University of Michigan, Case IPR2013-00041
`(PTAB Jan. 27, 2014) (Paper 65), for guidance regarding the appropriate
`content of demonstrative exhibits.
`The Board expects that the parties will meet and confer in good faith
`to resolve any objections to demonstrative exhibits, but if such objections
`cannot be resolved the parties may file any objections to demonstratives with
`the Board at least two business days before the hearing. The objections
`should identify with particularity which portions of the demonstrative
`exhibits are subject to objection, include a copy of the objected-to portions,
`and include a one-sentence statement of the basis for each objection. No
`argument or further explanation is permitted. The Board will consider any
`objections and schedule a conference call if deemed necessary. Otherwise,
`the Board will reserve ruling on the objections. Any objection to
`demonstrative exhibits that is not timely presented will be considered
`waived.
`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
`
`
`
`Case IPR2016-00084
`Patent 5,665,772
`
`
`Any special requests for audio visual equipment should be directed to
`Trials@uspto.gov.
`
`In light of the foregoing, it is:
`ORDERED that oral hearing, conducted pursuant to the procedures
`outlined above, shall commence at 9:00 AM Eastern Time on February 2,
`2017.
`
`
`
`
`
`
`
`
`4
`
`
`
`Case IPR2016-00084
`Patent 5,665,772
`
`For PETITIONER:
`
`Daniel Brown
`daniel.brown@lw.com
`
`Robert Steinberg
`Bob.Steinberg@lw.com
`
`Jonathan Strang
`jonathan.strang@lw.com
`
`
`For PATENT OWNER:
`
`Nicholas Kallas
`nkallas@fchs.com
`
`Raymond Mandra
`rmandra@fchs.com
`
`Christina Schwarz
`CSchwarz@fchs.com
`
`
`
`
`
`
`
`5
`
`
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