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` Paper 44
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` Entered: September 25, 2017
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`Trials@uspto.gov
`571-272-7822
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APOTEX INC., APOTEX CORP., APOTEX PHARMACEUTICALS
`HOLDINGS INC., AND APOTEX HOLDINGS, INC.,
`Petitioner,
`
`v.
`
`OSI PHARMACEUTICALS, INC.,
`Patent Owner.
`____________
`
`
`
`
`Before LORA M. GREEN, RAMA G. ELLURU, and ZHENYU YANG,
`Administrative Patent Judges.
`
`GREEN, Administrative Patent Judge.
`
`
`Case IPR2016-01284
`Patent 6,900,221 B1
`____________
`
`
`ORDER
`Oral Hearing
`37 C.F.R. § 42.70
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`
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`IPR2016-001284
`Patent 6,900,221 B1
`
`
`We instituted the above-identified inter partes review on January 9,
`2017. Paper 8. The Scheduling Order set October 3, 2017, as the date for
`oral argument, if requested by either party. Paper 9. Petitioner and Patent
`Owner each requested an oral hearing pursuant to 37 C.F.R. § 42.70(a).
`Papers 36, 38. The requests are granted.
`The hearing will commence at 1:00 PM Eastern Time, on Tuesday,
`October 3, 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 an opportunity to respond to Petitioner’s arguments. Thereafter,
`Petitioner may use any time it has reserved for rebuttal only 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 must be served at
`least seven (7) business days before the hearing. The Board requests that
`such exhibits be filed at the Board at least five business days before the
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`IPR2016-001284
`Patent 6,900,221 B1
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`hearing. A hard copy of the demonstratives should be provided to the court
`reporter at 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 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), 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 such objections cannot be resolved the parties may file any objections to
`demonstratives with the Board at least two business days before the hearing.
`The objections should identify with particularity which portions of the
`demonstrative exhibits are subject to objection, include a copy of the
`objected-to portions, and include a one-sentence statement of the reason for
`each objection. The Board asks the parties to confine demonstrative exhibit
`objections to those identifying egregious violations that are prejudicial to the
`administration of justice. No argument or further explanation is permitted.
`The Board will consider any objections and schedule a conference call if
`deemed necessary. Otherwise, the Board will reserve ruling on the
`objections. Any objection to demonstrative exhibits that is not timely
`presented will be considered waived.
`The parties are also reminded that the presenter must identify clearly
`and specifically each demonstrative exhibit (e.g., by slide or screen number)
`referenced during the hearing to ensure the clarity and accuracy of the
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`IPR2016-001284
`Patent 6,900,221 B1
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`reporter’s transcript and the ability of the judge participating in the hearing
`remotely to closely follow the presenter’s arguments.
`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 Board shall be advised by email no later than five (5)
`business days prior to the oral hearing, and such lead counsel shall be
`available to discuss the matter via 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) 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 1:00 PM ET on
`October 3, 2017.
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`IPR2016-001284
`Patent 6,900,221 B1
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`PETITIONER:
`William Blake Coblentz
`Aaron S. Lukas
`COZEN O’CONNOR
`wcolblentz@cozen.com
`alukas@cozen.com
`
`PATENT OWNER:
`Emily Whelan
`Jonathan B. Roses
`Kevin M. Yurkerwich
`WILMER CUTLER PICKERING HALE AND DORR LLP
`emily.whelan@wilmerhale.com
`jonathan.roses@wilmerhale.com
`kevin.yurkerwich@wilmerhale.com
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