`Trials@uspto.gov
`571-272-7822
`
`
`
`Paper No. 39
`Entered: July 13, 2017
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`LUPIN LTD. and LUPIN PHARMACEUTICALS, INC.,
`Petitioners,
`
`v.
`
`HORIZON THERAPEUTICS, INC.,
`Patent Owner.
`____________
`
`Case IPR2016-00829
`Patent 9,095,559 B2
`
`____________
`
`
`Before TONI R. SCHEINER and DEBORAH KATZ, Administrative Patent
`Judges.
`
`KATZ, Administrative Patent Judge.
`
`
`
`ORDER – Oral Argument
`37 C.F.R. § 42.70
`
`Both parties requested oral argument in this trial. (See Papers 33 and
`
`34.)
`
`Accordingly, it is ORDERED that oral argument will commence at
`10:00 AM Eastern Time, on July 28, 2017, on the ninth floor of Madison
`Building East, 600 Dulany Street, Alexandria, Virginia.
`
`
`
`IPR2016-00829
`Patent 9,095,559 B2
`
`
`Petitioner and Patent Owner each will have 30 minutes to present
`arguments. Petitioner bears the ultimate burden of proof that the claims at
`issue in these reviews are unpatentable. Petitioner will therefore, open the
`hearing by presenting its case regarding the challenged claims for which the
`Board instituted trial. Patent Owner will then respond to Petitioner’s
`arguments. Petitioner may reserve time to reply to arguments presented by
`Patent Owner.
`The oral hearing will be open to the public for in-person attendance.
`In-person attendance will be accommodated on a first come, first serve basis.
`The Board will provide a court reporter for the hearing and the reporter’s
`transcript will constitute the official record of the hearing for both cases.
`Any demonstrative exhibits must be served at least five business days
`before the hearing. The parties also shall provide a copy of any
`demonstrative exhibits to the Board at least five business days prior to the
`hearing by emailing them to Trials@uspto.gov. The parties shall not file
`their demonstrative exhibits in these proceedings without prior authorization
`from the Board. Each party shall provide a hard copy of their
`demonstratives to the court reporter at the hearing.
`Demonstrative exhibits are not evidence and are not part of the record
`of the proceeding. They are intended only to assist the parties in presenting
`their oral argument to the panel. Nevertheless, if either party objects to the
`other’s demonstratives, it shall send an e-mail, not to exceed one-page, to the
`Board, at least two business days before the hearing, with a list of its
`objections. For each objection, the list must identify with particularity the
`demonstratives subject to the objection and include a short, one-sentence
`statement explaining the objection. We will consider the objections and
`
`
`
`2
`
`
`
`IPR2016-00829
`Patent 9,095,559 B2
`
`reserve ruling on them until or after the oral argument. Any objection to
`demonstrative exhibits not presented timely will be considered waived.
`The parties also are reminded that during oral argument counsel must
`identify clearly and specifically each demonstrative exhibit (e.g., by slide or
`screen number) or page of the record referenced during the hearing to ensure
`the clarity and accuracy of the reporter’s transcript.
`Any special requests for audio visual equipment should be directed to
`Trials@uspto.gov at least three business days in advance of the hearing.
`
`
`
`
`
`
`
`
`
`3
`
`
`
`IPR2016-00829
`Patent 9,095,559 B2
`
`For Petitioner:
`Elizabeth J. Holland
`Cynthia Lambert Hardman
`GOODWIN PROCTOR LLP
`eholland@goodwinproctor.com
`chardman@goodwinprocter.com
`
`For Patent Owner:
`James B. Monroe
`Maureen D. Queler
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP
`James.monroe@finnegan.com
`Maureen.queler@finnegan.com
`
`Matthew Phillips
`LAURENCE & PHILLIPS IP LAW LLP
`matthew.phillips@renaissanceiplaw.com
`
`Robert Green
`Emer Simic
`Jessica Tyrus
`GREEN, GRIFFITH & BORG-BREEN, LLP
`rgreen@greengriffith.com
`esimic@greengriffith.com
`jtyrus@greengriffith.com
`
`Dennis Bennett
`GLOBAL PATENT GROUP LLC
`dennisbennett@globalpatentgroup.com
`
`
`
`4
`
`
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