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`Paper No. ___
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`Date Filed: Jan. 30, 2017
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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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`AMERIGEN PHARMACEUTICALS LIMITED and
`ARGENTUM PHARMACEUTICALS LLC
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`Petitioners
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`v.
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`JANSSEN ONCOLOGY, INC.
`Patent Owner
`________________
`
`Case IPR2016-002861
`Patent No. 8,822,438 B2
`________________
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`PATENT OWNER’S REQUEST FOR ORAL ARGUMENT
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`1 Case IPR2016-01317 has been joined with this proceeding.
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`IPR2016-00286
`U.S. Patent 8,822,438
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`
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`Pursuant to 37 C.F.R. § 42.70, Patent Owner Janssen Oncology, Inc. hereby
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`respectfully requests oral argument in this proceeding. In accordance with 37
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`C.F.R. § 42.70(a), Patent Owner specifies the following issues to be argued:
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`1. Patentability of claims 1-20 of U.S. Patent 8,822,438, including evidence
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`related to objective indicia of nonobviousness;
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`2. Patent Owner’s motion to exclude and any motion to exclude filed by
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`Petitioners;
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`3. Patent Owner’s motion for observations on cross-examination;
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`4. Issues related to portions of Petitioners’ Reply that Patent Owner believes
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`constitute new arguments;
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`5. Any issues specified by Petitioners in their request for oral argument or
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`raised by Petitioners during oral argument; and
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`6. Any other issues that the Board deems necessary for issuing a final written
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`decision.
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`In light of the extensive record developed in this proceeding, including the
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`submission of expert declarations from eight different declarants (four per side),
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`Patent Owner respectfully requests a minimum of 45 minutes of oral argument to
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`address the issues outlined above.
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`1
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`IPR2016-00286
`U.S. Patent 8,822,438
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`Dated: January 30, 2017
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`Respectfully submitted,
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`By: /Dianne B. Elderkin/
`Dianne B. Elderkin (Reg. No. 28,598)
`delderkin@akingump.com
`Barbara L. Mullin (Reg. No. 38,250)
`bmullin@akingump.com
`Ruben H. Munoz (Reg. No. 66,998)
`rmunoz@akingump.com
`AKIN GUMP STRAUSS HAUER &
`FELD LLP
`Two Commerce Square
`2001 Market Street, Suite 4100
`Philadelphia, PA 19103
`Tel: (215) 965-1200
`Fax: (215) 965-1210
`
`David T. Pritikin (pro hac vice)
`Bindu Donovan (pro hac vice)
`Paul J. Zegger (Reg. No. 33,821)
`Todd L. Krause (Reg. No. 48,860)
`S. Isaac Olson (pro hac vice)
`Alyssa B. Monsen (pro hac vice)
`SIDLEY AUSTIN LLP
`787 Seventh Avenue
`New York, NY 10019
`Tel.: (212) 839-5300
`Fax: (212) 839-5599
`ZytigaIPRTeam@sidley.com
`Counsel for Patent Owner
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`2
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`IPR2016-00286
`U.S. Patent 8,822,438
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`CERTIFICATE OF SERVICE
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`
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`The undersigned hereby certifies that a copy of the foregoing Patent
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`Owner’s Request for Oral Argument was served on counsel of record on January
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`30, 2017 by filing this document through the End-to-End System, as well as
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`delivering a copy via electronic mail to counsel of record for the Petitioner and
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`Patent Co-Owner at the following addresses:
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`William Hare - bill@miplaw.com
`Gabriela Materassi - materassi@miplaw.com
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`Teresa Stanek Rea - TRea@Crowell.com
`Shannon M. Lentz - SLentz@Crowell.com
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`Anthony C. Tridico - anthony.tridico@finnegan.com
`Jennifer H. Roscetti - jennifer.roscetti@finnegan.com
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`Date: Jan. 30, 2017
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`Respectfully submitted,
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`/Dianne B. Elderkin/
`Dianne B. Elderkin
`Registration No. 28,598
`Counsel for Patent Owner
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`3
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