Trials@uspto.gov
`571-272-7822
`
`Paper 67
`Entered: May 8, 2017
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MYLAN LABORATORIES LIMITED,
`Petitioner,
`
`v.
`
`AVENTIS PHARMA S.A.,
`Patent Owner.
`____________
`
`Case: IPR2016-00712
` Patent 8,927,592 B2
`
`
`
`
`
`
`
`
`
`
`
`____________
`
`
`
`Before BRIAN P. MURPHY, TINA E. HULSE, and
`CHRISTOPHER M. KAISER, Administrative Patent Judges.
`
`MURPHY, Administrative Patent Judge.
`
`
`
`ORDER
`Request for Oral Argument
`37 C.F.R. § 42.70
`
`
`571-272-7822
`
`Paper 67
`Entered: May 8, 2017
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MYLAN LABORATORIES LIMITED,
`Petitioner,
`
`v.
`
`AVENTIS PHARMA S.A.,
`Patent Owner.
`____________
`
`Case: IPR2016-00712
` Patent 8,927,592 B2
`
`
`
`
`
`
`
`
`
`
`
`____________
`
`
`
`Before BRIAN P. MURPHY, TINA E. HULSE, and
`CHRISTOPHER M. KAISER, Administrative Patent Judges.
`
`MURPHY, Administrative Patent Judge.
`
`
`
`ORDER
`Request for Oral Argument
`37 C.F.R. § 42.70
`
`
`
`IPR2016-00712
`Patent 8,927,592 B2
`
`We instituted trial in the above-referenced inter partes review proceeding on
`September 22, 2016. Paper 9. Our Scheduling Order set the date for oral hearing
`as June 13, 2017. Paper 10. Mylan Laboratories Limited (“Petitioner”) has
`requested 60 minutes of oral argument to address the issues raised in our Institution
`Decision and any issues raised in the Papers filed by the parties, including the
`Contingent Motion to Amend claims 27–30 of U.S. Patent No. 8,927,592 (“the
`’592 patent”) (Paper 22) filed by Patent Owner Aventis Pharma S.A. (“Patent
`Owner”). 37 C.F.R. § 42.70(a); Paper 60. Patent Owner also has requested 60
`minutes for oral hearing to address the issues. Paper 59. Having considered the
`parties’ submissions, the parties’ request for oral argument is GRANTED.
`Each party will have 60 minutes of total argument time. Petitioner bears the
`ultimate burden of proof that the claims at issue are unpatentable. Therefore,
`Petitioner will open the oral hearing by presenting its case with regard to the
`challenged claims and grounds on which we instituted trial. Thereafter, Patent
`Owner will argue its opposition to Petitioner’s case and in support of Patent
`Owner’s Contingent Motion to Amend claims 27–30 of the ’592 patent. Petitioner
`may reserve time to rebut Patent Owner’s opposition and oppose Patent Owner’s
`Contingent Motion to Amend. Patent Owner may reserve time to rebut Petitioner’s
`opposition to Patent Owner’s Contingent Motion to Amend.
`The hearing will commence at 2:00 PM Eastern Time on Tuesday June
`13, 2017. The hearing will be open to the public, for in-person attendance, on the
`ninth floor of Madison Building East, 600 Dulany Street, Alexandria, Virginia. In-
`person attendance will be accommodated on a first come, first served basis.
`The Board will provide a court reporter for the hearing and the reporter’s
`transcript will constitute the official record of the hearing.
`
`
`
`2
`
`
`
`IPR2016-00712
`Patent 8,927,592 B2
`
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits shall be served on
`opposing counsel at least seven business days before the hearing. The parties also
`shall provide the demonstrative exhibits to the Board at least three business days
`prior to the hearing by emailing them to Trials@uspto.gov. The parties shall not
`file any demonstrative exhibits in this proceeding without prior authorization from
`the Board. 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, which must include citations to the record.
`We expect 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 objections to demonstratives with the Board at least three business
`days before the hearing. The objections should identify with particularity the
`portions of each demonstrative exhibit subject to objection, include a copy of the
`objected-to portions, and include a one-sentence statement of the reason for each
`objection. No further argument or explanation is permitted. We will consider any
`objections and schedule a conference call if deemed necessary. Otherwise, we will
`reserve ruling on the objections. Any objection to demonstrative exhibits that is
`not timely filed will be considered waived.
`At least one member of the panel will be attending the hearing electronically
`from a remote location and may not be able to view the projection screen in the
`hearing room. Thus, if a demonstrative exhibit is not made available or visible to
`the judge(s) presiding over the hearing remotely, that demonstrative will not be
`considered. Each presenter must identify clearly and specifically each
`demonstrative exhibit (e.g., by slide or screen number) referenced during the
`
`
`
`3
`
`
`
`IPR2016-00712
`Patent 8,927,592 B2
`
`hearing to ensure the clarity and accuracy of the reporter’s transcript and for the
`benefit of the judge(s) presiding over the hearing remotely.
`The Board expects lead counsel for each party to be present at the oral
`hearing, although any backup counsel may present all or part of a party’s
`argument. If either lead counsel is unable to be present at the hearing, the Board
`shall be advised by email no later than two (2) business days prior to the oral
`hearing, and such lead counsel shall be available for a conference call if necessary.
`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 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.
`
`FOR PETITIONER:
`
`Steven W. Parmelee
`Michael T. Rosato
`Jad A. Mills
`WILSON SONSINI GOODRICH & ROSATI
`sparmelee@wsgr.com
`mrosato@wsgr.com
`jmills@wsgr.com
`
`
`FOR PATENT OWNER:
`
`Dominic A. Conde
`FITZPATRICK CELLA HARPER & SCINTO
`dconde@fchs.com
`
`
`
`
`
`
`
`4
`
`
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