`Tel: 571-272-7822
`
`
`Paper 62
`Entered: August 11, 2017
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`MYLAN PHARMACEUTICALS INC., TEVA PHARMACEUTICALS
`USA, INC., and AKORN INC.
`Petitioners,
`
`v.
`
`ALLERGAN, INC.,
`Patent Owner.
`____________
`Case IPR2016-01127 (8,685,930 B2)
`Case IPR2016-01128 (8,629,111 B2)
`Case IPR2016-01129 (8,642,556 B2)
`Case IPR2016-01130 (8,633,162 B2)
`Case IPR2016-01131 (8,648,048 B2)
`Case IPR2016-01132 (9,248,191 B2)1
`_______________
`
`Before SHERIDAN K. SNEDDEN, TINA E. HULSE, and
`CHRISTOPHER G. PAULRAJ, Administrative Patent Judges.
`
`SNEDDEN, Administrative Patent Judge.
`
`
`
`
`ORDER
`Rescheduling the Date for Oral Argument
`37 C.F.R. § 42.5
`
`
`1 Cases IPR2017-00576 and IPR2017-00594, IPR2017-00578 and IPR2017-
`00596, IPR2017-00579 and IPR2017-00598, IPR2017-00583 and IPR2017-
`00599,IPR2017-00585 and IPR2017-00600, and IPR2017-00586 and
`IPR2017-00601, have respectively been joined with the captioned
`proceedings.
`
`
`
`IPR2016-01127 (8,685,930 B2); IPR2016-01128 (8,629,111 B2);
`IPR2016-01129 (8,642,556 B2); IPR2016-01130 (8,633,162 B2);
`IPR2016-01131 (8,648,048 B2); IPR2016-01132 (9,248,191 B2)
`
`
`I.
`
`INTRODUCTION
`
`
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`This Order replaces our Order of August 1, 2017 scheduling oral
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`argument for these cases to September 13, 2017. The date for oral argument
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`for these cases is hereby changed to September 15, 2017.
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`A. Time and Format
`
`The hearing will commence at 1:00 PM Eastern Time on September
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`15, 2017. The hearing will be open to the public, for in-person attendance,
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`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.
`
`Petitioner will have a combined 60 minutes to present argument in
`
`these cases. Patent Owner will have 60 minutes to respond. Petitioner bears
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`the ultimate burden of proof that Patent Owner’s claims at issue in these
`
`reviews are unpatentable. Therefore, Petitioner will open the hearing by
`
`presenting its case regarding the challenged claims for which the Board
`
`instituted trial. After Petitioner’s presentation, Patent Owner will respond to
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`Petitioner’s argument. Petitioner may reserve rebuttal time to respond to
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`arguments presented by Patent Owner.
`
`The Board will provide a court reporter for the hearing and the
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`reporter’s transcript will constitute the official record of the hearing. There
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`will be only one transcript, which will be entered into each case. For the
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`purposes of maintaining a clear record, however, the parties should clearly
`
`state whether certain arguments are applicable to all cases or whether the
`
`issue is limited to a particular case.
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`
`
`
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`
`
`IPR2016-01127 (8,685,930 B2); IPR2016-01128 (8,629,111 B2);
`IPR2016-01129 (8,642,556 B2); IPR2016-01130 (8,633,162 B2);
`IPR2016-01131 (8,648,048 B2); IPR2016-01132 (9,248,191 B2)
`
`
`B. Demonstratives
`
`As set forth in 37 C.F.R. § 42.70(b), demonstrative exhibits shall be
`
`served on opposing counsel at least seven business days before the hearing.
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`However, in regard to filing demonstrative exhibits, and in contrast to what
`
`is expressly stated in § 42.70(b), the parties shall file the demonstrative
`
`exhibits no later than two business days before the hearing, to allow the
`
`panel sufficient time to review the materials.
`
`The panel reminds the parties that demonstrative exhibits are not
`
`evidence, but are intended to assist the parties in presenting their oral
`
`arguments to the Board. The panel will distinguish evidence in the record
`
`from argument appearing in demonstrative exhibits, and all arguments must
`
`be supported by evidence already of record. The panel also reminds the
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`parties that demonstrative exhibits are not a mechanism for making
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`arguments not previously addressed in the Papers. The panel will not
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`consider arguments or evidence appearing only in demonstrative exhibits.
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`Due to the nature of the panel’s consideration of demonstrative
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`exhibits, the panel does not anticipate that objections to such exhibits would
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`likely be sustained. Nevertheless, to the extent that the parties object to the
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`propriety of any demonstrative exhibit, we expect that the parties will meet
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`and confer in good faith to resolve any objections to demonstrative exhibits.
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`If such objections cannot be resolved, the parties may file any objections to
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`demonstratives with the Board at least two business days before the hearing.
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`The objections should identify with particularity which portions of the
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`demonstrative exhibits are subject to objection, include a copy of the
`
`objected-to portions, and include a one-sentence statement of the reason for
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`
`
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`
`
`IPR2016-01127 (8,685,930 B2); IPR2016-01128 (8,629,111 B2);
`IPR2016-01129 (8,642,556 B2); IPR2016-01130 (8,633,162 B2);
`IPR2016-01131 (8,648,048 B2); IPR2016-01132 (9,248,191 B2)
`
`each objection. No argument or further explanation is permitted. We will
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`consider any objections and schedule a conference call if deemed necessary.
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`Otherwise, we will reserve ruling on the objections. Any objection to
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`demonstrative exhibits that is not timely presented will be considered
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`waived.
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`Finally, the parties are reminded that each presenter must identify
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`clearly and specifically each demonstrative exhibit (e.g., by slide or screen
`
`number) referenced during the hearing to ensure the clarity and accuracy of
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`the reporter’s transcript and for the benefit of the judge(s) who will be
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`participating electronically from USPTO Regional Offices.
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`C. Lead Counsel
`
` The Board expects lead counsel for each party to be present at the
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`oral hearing, although any backup counsel may present the party’s argument.
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`If either lead counsel is unable to be present at the hearing, the Board shall
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`be advised by email no later than two (2) business days prior to the oral
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`hearing, and such lead counsel shall be available for a conference call if
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`necessary.
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`D. Audio/Visual Equipment Requests
`
`Questions regarding specific audio-visual equipment should be
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`directed to the Board at (571) 272-9797. Requests for audio-visual
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`equipment are to be made 5 days in advance of the hearing date. The
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`request is to be sent to Trials@uspto.gov. If the request is not received
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`timely, the equipment may not be available on the day of the hearing.
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`
`
`IPR2016-01127 (8,685,930 B2); IPR2016-01128 (8,629,111 B2);
`IPR2016-01129 (8,642,556 B2); IPR2016-01130 (8,633,162 B2);
`IPR2016-01131 (8,648,048 B2); IPR2016-01132 (9,248,191 B2)
`
`PETITIONER:
`
`Steven W. Parmelee
`Michael T. Rosato
`Jad A. Mills
`WILSON SONSINI GOODRICH & ROSATI
`sparmelee@wsgr.com
`mrosato@wsgr.com
`jmills@wsgr.com
`
`
`
`PATENT OWNER:
`
`Dorothy Whelan
`Michael Kane
`Susan Coletti
`Robert Oakes
`Jonathan Singer
`FISH & RICHARDSON P.C.
`IPR13351-0008IP1@fr.com
`IPR13351-0008IP2@fr.com
`IPR13351-0008IP3@fr.com
`IPR13351-0008IP4@fr.com
`IPR13351-0008IP5@fr.com
`IPR13351-0008IP6@fr.com
`PTABInbound@fr.com
`coletti@fr.com
`oakes@fr.com
`singer@fr.com
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