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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`ARGENTUM PHARMACEUTICALS LLC, MYLAN
`PHARMACEUTICALS INC., BRECKENRIDGE PHARMACEUTICAL,
`INC., and ALEMBIC PHARMACEUTICALS, LTD.,
`Petitioners,
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`v.
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`RESEARCH CORPORATION TECHNOLOGIES, INC.
`Patent Owner
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`Case IPR2016-002041
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`Patent RE38,551 E
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`PETITIONER’S REQUEST FOR ORAL ARGUMENT
`UNDER 37 C.F.R. § 42.70
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`1 Case IPR2016-01101, Case IPR2016-01242, and Case IPR2016-01245
`have been joined with this proceeding.
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`IPR2016-00204
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`In accordance with 37 C.F.R. § 42.70(a) and the Scheduling Order (Paper
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`No. 20), as modified by the Joint Notice of Stipulation Concerning Schedule
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`(Paper No. 50), Petitioners Argentum Pharmaceuticals LLC hereby requests the
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`opportunity to present oral argument on the instituted ground of unpatentability of
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`the claims of U.S. Patent No. RE38,551, which encompasses each of the claim
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`construction and obviousness issues addressed in Petitioner’s Petition and Reply,
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`Patent Owner’s Response, and all exhibits thereto, including declarations and
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`depositions. Counsel for Argentum will present oral argument on behalf of all
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`petitioners, and counsel for the joinder petitioners may be present to address
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`questions from the Board that may be unique to them, if there are any.
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`The instituted ground and other issues to be addressed at oral argument
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`include:
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`(1) Claims 1-13 are unpatentable under 35 U.S.C. § 103(a) as obvious over
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`Kohn 1991, the ’729 Patent, and Silverman;
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`(2) Claim construction of the term “therapeutic composition;
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`(3) Rebuttal to Patent Owner’s presentation on all matters, including issues
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`1-3 above and issues presented in Patent Owner’s Request for Oral Argument,
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`filed December 20, 2016; and
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`4) All evidentiary motions; and
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`5) Any other issue related to unpatentability issues that the Board deems
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`IPR2016-00204
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`necessary for issuing a final written decision.
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`Petitioner requests one (1) hour of total argument time, including any time
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`reserved for rebuttal argument. Oral argument (Due Date 7) is scheduled for
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`January 24, 2017. (Paper No. 20.)
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`Petitioner intends to present demonstrative exhibits during oral argument
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`and will serve such exhibits at least seven business days before the oral argument
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`date and will file the demonstrative exhibits no later than the time of the oral
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`argument, pursuant to 37 C.F.R. § 42.70.
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`At oral argument, Petitioner requests the use of audio/visual equipment to
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`display demonstrative exhibits, including the use of a computer, projector, screen,
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`and table.
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`Respectfully submitted,
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`By: /s/ Matthew J. Dowd
`Matthew J. Dowd
`Registration No. 47,534
`Dowd PLLC
`1717 Pennsylvania Avenue, NW
`Suite 1025
`Washington, D.C. 20006
`mjdowd@dowdpllc.com
`(202) 573-3853
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`William G. Jenks
`Reg. No. 48,818
`Jenks IP Law
`1050 17th ST NW
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`IPR2016-00204
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`Suite 800
`Washington, D.C. 20036
`Phone: (202) 412-7964
`wjenks@jenksiplaw.com
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`Counsel for Petitioner
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`Date: December 20, 2016
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`IPR2016-00204
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`Date: December 20, 2016
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that the above-captioned PETITIONER’S
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`REQUEST FOR ORAL ARGUMENT UNDER 37 C.F.R. § 42.70 was served
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`via electronic mail upon the following:
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`areister@cov.com
`jrobbins@cov.com
`rlongton@cov.com
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`Covington & Burling LLP
`One City Center, 850 Tenth Street, NW
`Washington, DC 20001
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`/s/ Matthew J. Dowd
`Matthew J. Dowd
`Registration No. 47,534
`Dowd PLLC
`1717 Pennsylvania Avenue, NW
`Suite 1025
`Washington, D.C. 20006
`mjdowd@dowdpllc.com
`(202) 573-3853
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