`Date Filed: July 24, 2017
`
`Filed On Behalf Of:
`
`Alkermes Pharma Ireland Limited and
`Alkermes Controlled Therapeutics, Inc.
`
`By:
`
`Scott K. Reed
`sreed@fchs.com
`212-218-2100
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________
`
`LUYE PHARMA GROUP LTD., LUYE PHARMA (USA) LTD., SHANDONG
`LUYE PHARMACEUTICAL CO., LTD., and NANJING LUYE
`PHARMACEUTICAL CO., LTD.,
`Petitioners,
`v.
`ALKERMES PHARMA IRELAND LTD and ALKERMES CONTROLLED
`THERAPEUTICS, INC.
`Patent Owners.
`________________
`
`Case IPR2016-01096
`U.S. Patent No. 6,667,061
`________________
`
`PATENT OWNERS’ REQUEST FOR ORAL ARGUMENT UNDER 37
`C.F.R. § 42.70(a)
`
`
`
`Pursuant to 37 C.F.R. § 42.70(a) and the November 30, 2016 Scheduling
`
`Order in this proceeding (Paper 15), Alkermes Pharma Ireland Limited and
`
`Alkermes Controlled Therapeutics, Inc. (“Patent Owners”) hereby request oral
`
`argument for the hearing currently scheduled for August 28, 2017. Patent Owners
`
`respectfully requests one hour per side of oral argument time on the following
`
`issues:
`
`(1) The grounds on which the subject trial was instituted, namely:
`
`(a) Whether claims 1-13, 22, and 23 are rendered obvious by the
`
`combination of Johnson and Kino; and
`
`(b) Whether claims 1-3, 6-9, 12, 13, and 17-23 are rendered obvious
`
`by the combination of Gustafsson, Ramstack, and the Handbook;
`
`(2) Whether a POSA would have a motivation to combine Johnson and
`
`Kino;
`
`(3) Whether a POSA would have a motivation to combine Gustafsson and
`
`Ramstack and the Handbook;
`
`(4) Objective indicia of nonobviousness;
`
`(5) Motion to exclude filed in this proceeding (if any); and
`
`(8) Any other matters raised by Petitioners or the Board.
`
`1
`
`
`
`Patent Owners request the ability to use audio-visual equipment to display
`
`demonstrative exhibits, including the use of a projector and screen for PowerPoint
`
`display. In accordance with the Office Patent Trial Practice Guide, 77 Fed. Reg.
`
`48756, 48768 (Aug. 14, 2012), Patent Owners will contact a Board Trial Division
`
`paralegal to discuss this request.
`
`July 24, 2017
`
`Respectfully submitted,
`
`/Scott Reed/
`Scott K. Reed (Reg. No. 32,433)
`FITZPATRICK, CELLA, HARPER & SCINTO
`1290 Avenue of the Americas
`New York, NY 10104-3800
`Tel: (212) 218-2100
`
`Counsel for Patent Owners
`
`2
`
`
`
`CERTIFICATE OF SERVICE
`
`I certify that a copy of the foregoing PATENT OWNERS’ REQUEST FOR
`
`ORAL ARGUMENT UNDER 37 C.F.R. § 42.70(a) was served on July 24, 2017
`
`by causing it to be sent by email to counsel for Petitioners, who have consented to
`
`electronic service, at the following email addresses:
`
`wmentlik.ipr@lernerdavid.com
`
`pkochanski@lernerdavid.com
`
`tvanbuskirk@lernerdavid.com
`
`nvaleyko@lernerdavid.com
`
`July 24, 2017
`
`Respectfully submitted,
`
`/Scott Reed/
`Scott K. Reed (Reg. No. 32,433)
`FITZPATRICK, CELLA, HARPER & SCINTO
`1290 Avenue of the Americas
`New York, NY 10104-3800
`Tel: (212) 218-2100
`
`Counsel for Patent Owners
`
`3
`
`
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