`
`
`
`
`
`
`Entered: December 20, 2016
`
`
`
`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
`U.S. Patent No. 5,665,772
`_______________________
`
`Before LORA M. GREEN, CHRISTOPHER L. CRUMBLEY, and
`ROBERT A. POLLOCK, Administrative Patent Judges.
`
`
`
`PETITIONERS’ REQUEST FOR ORAL ARGUMENT
`
`
`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
`U.S. Patent No. 5,665,772
`
`
`Pursuant to 37 C.F.R. § 42.70, the Board’s Scheduling Order dated April 29,
`
`2016 (Paper 9), and the Order Modifying Due Date 7, dated December 2, 2016
`
`(Paper 45), Petitioners Par Pharmaceutical, Inc., Breckenridge Pharmaceutical,
`
`Inc., and Roxane Laboratories, Inc. (collectively, “Petitioners”) respectfully
`
`request oral argument on issues related to the patentability of claims 1-3 and 8-10
`
`of U.S. Patent No. 5,665,772 (“’772 patent”) on the instituted grounds set forth in
`
`the Board’s Decision (Paper 8) and on any issues specified in any motions to
`
`exclude, motions for observation regarding cross-examination of reply witnesses,
`
`or any other pending motions filed by the parties. The Board has previously
`
`scheduled the oral argument for February 2, 2017. (Paper 45.)
`
`Petitioners respectfully request that the Board allow Petitioners (collective-
`
`ly) and Patent Owner 45 minutes each to present their arguments, including any
`
`time reserved for rebuttal arguments.
`
`Lead counsel for petitioner Par Pharmaceutical, Daniel Brown, will argue
`
`for the petitioners, but lead counsel for petitioners Breckenridge and Roxane will
`
`attend to address any issues or questions from the Board specific to their clients.
`
`Petitioners respectfully request that the hearing be held in Room A, in order
`
`to accommodate the three law firms representing the three Petitioners, the law firm
`
`representing Patent Owner, as well as client representatives who may wish to at-
`
`tend. Petitioners request permission to use a computer, projector, and screen to dis-
`
`1
`
`
`
`Case IPR2016-00084
`U.S. Patent No. 5,665,772
`
`play demonstratives and exhibits. Petitioners also request that the attorneys at Peti-
`
`tioners’ counsel table be allowed to use computers.
`
`Respectfully submitted,
`
`/Daniel G. Brown/
`By:
`Daniel G. Brown (Reg. No. 54,005)
`Latham & Watkins LLP
`885 Third Avenue
`New York, NY 10022-4834
`212-906-1200; 212-751-4864 (Fax)
`
`Counsel for Petitioner
`Par Pharmaceutical, Inc.
`
`/Matthew L. Fedowitz/
`By:
`Matthew L. Fedowitz
`(Reg. No. 61,386)
`Merchant & Gould P.C.
`1900 Duke Street, Ste. 600
`Alexandria, VA 22314
`703-684-2500; 703-684-2501 (Fax)
`
`Counsel for Petitioner
`Breckenridge Pharmaceutical, Inc.
`
`/Keith A. Zullow/
`By:
`Keith A. Zullow (Reg. No. 37,975)
`Goodwin Procter LLP
`The New York Times Building
`620 Eighth Avenue
`New York, NY 10018-1405
`212-813-8846; 646-558-4226 (Fax)
`
`Counsel for Petitioner
`Roxane Laboratories, Inc.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`2
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Dated: December 20, 2016
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Case IPR2016-00084
`U.S. Patent No. 5,665,772
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e), I certify that on this 20th day of December,
`
`2016, a true and correct copy of the foregoing PETITIONERS’ REQUEST FOR
`
`ORAL ARGUMENT was served by electronic mail on Patent Owner’s lead and
`
`backup counsel at the following email address:
`
`Nicholas N. Kallas (Reg. No. 31,530)
`Raymond R. Mandra (Reg. No. 34,382)
`Peter J. Waibel (Reg. No. 43,228)
`Christina Schwarz (pro hac vice)
`Charlotte Jacobsen (pro hac vice)
`Susanne L. Flanders (pro hac vice)
`Jared L. Stringham (pro hac vice)
`Fitzpatrick, Cella, Harper & Scinto
`1290 Avenue of the Americas
`New York, NY 10104-3800
`ZortressAfinitorIPR@fchs.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`By: /Daniel G. Brown/
`
`Daniel G. Brown (Reg. No. 54,005)
`Latham & Watkins LLP
`885 Third Avenue
`New York, NY 10022-4834
`212-906-1200; 212-751-4864 (Fax)
`
`Counsel for Petitioner
`Par Pharmaceutical, Inc.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`1
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
