Trials@uspto.gov
`571-272-7822
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` Paper 47
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`
` Entered: Jan. 24, 2017
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GENERICO, LLC, FLAT LINE CAPITAL LLC,
`MYLAN PHARMACEUTICALS INC.,
`FOXHILL CAPITAL PARTNERS, and MYCONOVO, INC.,
`Petitioner,
`
`v.
`
`DR. FALK PHARMA GMBH,
`Patent Owner.
`____________
`
`Case IPR2016-002971
`Patent 8,865,688 B2
`____________
`
`
`
`
`
`Before GRACE KARAFFA OBERMANN, Vice Chief Administrative
`Patent Judge, LORA M. GREEN and ELIZABETH M. ROESEL,
`Administrative Patent Judges.
`
`ROESEL, Administrative Patent Judge.
`
`ORDER
`Oral Hearing
`37 C.F.R. § 42.70
`
`
`1 Case IPR2016-01386 and Case IPR2016-01409 have been joined with this
`proceeding.
`
`
`571-272-7822
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`
`
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` Paper 47
`
`
` Entered: Jan. 24, 2017
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GENERICO, LLC, FLAT LINE CAPITAL LLC,
`MYLAN PHARMACEUTICALS INC.,
`FOXHILL CAPITAL PARTNERS, and MYCONOVO, INC.,
`Petitioner,
`
`v.
`
`DR. FALK PHARMA GMBH,
`Patent Owner.
`____________
`
`Case IPR2016-002971
`Patent 8,865,688 B2
`____________
`
`
`
`
`
`Before GRACE KARAFFA OBERMANN, Vice Chief Administrative
`Patent Judge, LORA M. GREEN and ELIZABETH M. ROESEL,
`Administrative Patent Judges.
`
`ROESEL, Administrative Patent Judge.
`
`ORDER
`Oral Hearing
`37 C.F.R. § 42.70
`
`
`1 Case IPR2016-01386 and Case IPR2016-01409 have been joined with this
`proceeding.
`
`
`
`IPR2016-00297
`Patent 8,865,688
`
`
`We instituted the above-identified inter partes review. Paper 13; see
`also Paper 33 (decision granting motions for joinder). The Scheduling
`Order set February 15, 2017, as the date for oral argument, if requested by
`either party. Paper 14. Each party requested an oral hearing pursuant to
`37 C.F.R. § 42.70(a). Papers 42, 44. The requests are granted.
`The hearing will commence at 1:30 PM Eastern Time, on
`Wednesday, February 15, 2017, and will be conducted at the USPTO
`Central Headquarters in Alexandria, Virginia (the ninth floor of Madison
`Building East, 600 Dulany Street, Alexandria, Virginia, 22314). The
`hearing will be open to the public for in-person attendance that will be
`accommodated on a first-come, first-served basis.
`Each party will have 45 minutes of argument time. Petitioner bears
`the ultimate burden of proof that the challenged claims are unpatentable.
`Accordingly, Petitioner will proceed first to present its case regarding the
`challenged claims for which the Board instituted trial. Patent Owner will
`then have the opportunity to respond to Petitioner’s arguments. Thereafter,
`Petitioner may use any time it has reserved for rebuttal to respond to
`arguments presented by Patent Owner. Patent Owner may not reserve
`rebuttal time.
`The Board will provide a court reporter, and the reporter’s transcript
`will constitute the official record of the hearing. The hearing transcript will
`be entered in the record of this proceeding.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits, if any, must be
`served at least (7) seven business days before the hearing. Demonstrative
`exhibits are not evidence, but merely a visual aid at the oral arguments.
`Demonstrative exhibits may not introduce new evidence or raise new
`
`2
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`IPR2016-00297
`Patent 8,865,688
`
`arguments, but instead, should cite to evidence in the record. 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) and CBS Interactive Inc. v. Helferich Patent Licensing,
`LLC, Case IPR2013-00033 (PTAB Oct. 23, 2013) (Paper 118) 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 any objections
`cannot be resolved, the parties must file any such objections with the Board
`at least (2) two business days before the hearing. Any objection to
`demonstrative exhibits that is not timely presented will be considered
`waived. The objections should identify with particularity which
`demonstratives and portions thereof are subject to objection, and include a
`short (one sentence or less) statement of the reason for each objection. No
`argument or further explanation is permitted. The Board will consider the
`objections and schedule a conference if deemed necessary. Otherwise, the
`Board will rule on the objections at the hearing.
`The parties shall provide the demonstrative exhibits to the Board by
`emailing them to Trials@uspto.gov at least (3) three business days before
`the hearing. Despite the requirement in § 42.70(b) for parties to file
`demonstratives, the parties shall not file any demonstrative exhibits in this
`case without prior authorization from the Board.
`To aid in the preparation of an accurate transcript, each party shall
`provide a paper copy of any demonstratives to the court reporter on the day
`of the oral arguments. Such paper copies shall not become part of the record
`of this proceeding. The parties are reminded that, during the hearing, the
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`3
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`IPR2016-00297
`Patent 8,865,688
`
`presenter should identify clearly each demonstrative exhibit (e.g., by slide or
`screen number) to ensure the clarity and accuracy of the reporter’s transcript.
`The Board expects lead counsel for each party to be present at the oral
`hearing, although any counsel of record may make the actual presentation.
`If either party anticipates that its lead counsel will not be in attendance at the
`oral hearing, the parties should initiate a joint telephone conference with the
`Board no later than five (5) business days prior to the oral hearing to discuss
`the matter.
`Questions regarding specific audio-visual equipment should be
`directed to the Board at (571) 272-9797. Requests for audio-visual
`equipment are to be made (5) five days in advance of the hearing date. The
`request is to be sent to Trials@uspto.gov. If the request is not received
`timely, the equipment may not be available on the day of the hearing.
`It is
`ORDERED that oral argument will commence at 1:30 PM ET on
`February 15, 2017.
`
`
`
`
`4
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`IPR2016-00297
`Patent 8,865,688
`
`PETITIONER:
`Zachary Silbersher
`Gaston Kroub
`KROUB, SILBERSHER & KOLMYKOV PLLC
`zsibersher@kskiplaw.com
`info@kskiplaw.com
`Robert L. Florence
`Micheal L. Binns
`Karen L. Carroll
`PARKER POE ADAMS & BERNSTEIN LLP
`robertflorence@parkerpoe.com
`michealbinns@parkerpoe.com
`karencarroll@parkerpoe.com
`William Hare
`Gabriela Materassi
`MCNEELY HARE & WAR LLP
`bill@miplaw.com
`materassi@miplaw.com
`
`PATENT OWNER:
`Mary W. Bourke
`Preston H. Heard
`WOMBLE CARLYLE SANDBRIDGE & RICE LLP
`mbourke@wcsr.com
`pheard@wcsr.com
`
`5
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`
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