` Entered: October 23, 2017
`
`Trials@uspto.gov
`571.272.7822
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`KOIOS PHARMACEUTICALS LLC,
`Petitioner,
`
`v.
`
`MEDAC GESELLSCHAFT FÜR KLINISCHE SPEZIALPRÄPARATE
`MBH,
` Patent Owner.
`____________
`
`Case IPR2016-01370
`Patent 8,664,231 B2
`____________
`
`Before JACQUELINE WRIGHT BONILLA, Vice Chief Administrative
`Patent Judge, TONI R. SCHEINER, and ERICA A. FRANKLIN,
`Administrative Patent Judges.
`
`BONILLA, Vice Chief Administrative Patent Judge.
`
`
`
`ORDER
`Request for Oral Argument
`37 C.F.R. § 42.70
`
`
`
`IPR2016-01370
`Patent 8,664,231 B2
`
`
`Koios Pharmaceuticals LLC (“Petitioner”) and medac Gesellschaft für
`klinische Spezialpräparate mbH (“Patent Owner”) each request an oral
`hearing in this proceeding pursuant to 37 C.F.R. § 42.70. Paper 40; Paper
`41. We grant the requests. A hearing will commence at 10:00 AM Eastern
`Time on Tuesday, November 7, 2017, on the ninth floor of Madison
`Building East, 600 Dulany Street, Alexandria, VA.
`Each party will have 45 minutes of argument time. Petitioner bears
`the ultimate burden of persuasion that the claims at issue are unpatentable.
`Thus, Petitioner will open the hearing by presenting its case regarding the
`challenged claims for which the Board instituted trial. Patent Owner then
`will have the opportunity to respond to Petitioner’s arguments. Finally,
`Petitioner may use any time it has reserved for rebuttal to respond to
`arguments presented by Patent Owner. Patent Owner may not reserve
`rebuttal time.
`The Board will provide a court reporter, and the transcript shall
`constitute the official record of the hearing. The hearing will be open to the
`public for in-person attendance that will be accommodated on a first-come,
`first-served basis.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits, if any, must be
`served on opposing counsel at least seven (7) business days before the
`hearing. The parties are directed to St. Jude Medical, Cardiology Division,
`Inc. v. Board of Regents of the University of Michigan, Case IPR2013-00041
`(PTAB Jan. 27, 2014) (order), 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 must file any objections to
`
`
`
`2
`
`
`
`IPR2016-01370
`Patent 8,664,231 B2
`
`the demonstratives with the Board at least two business days before the
`hearing. The objections should identify with particularity which portions of
`the demonstratives are subject to objection, and include a short (one
`sentence or less) statement of the reason for each objection. No argument or
`further explanation is permitted. The Board will consider the objections and
`schedule a conference if deemed necessary. Otherwise, the Board will
`reserve ruling on the objections. Any objection to the demonstrative
`exhibits that is not timely presented will be considered waived.
`The parties also shall provide the demonstrative exhibits to the Board
`by emailing them to Trials@uspto.gov. Despite the requirement in
`§ 42.70(b) for parties to file demonstratives, the parties shall not file any
`demonstrative exhibits in this case without prior authorization from the
`Board. A hard copy of the demonstratives should be provided to the court
`reporter at the hearing.
`The parties are reminded that, during the hearing, the presenter must
`identify clearly each demonstrative exhibit (e.g., by referencing a specific
`slide or screen number) to ensure clarity and accuracy of the reporter’s
`transcript.
`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 parties should initiate a joint telephone conference with the
`Board no later than five (5) business days prior to the oral hearing to discuss
`the matter.
`Questions regarding specific audio-visual equipment should be
`directed to the Board at (571) 272-9797. Requests for audio-visual
`
`
`
`3
`
`
`
`IPR2016-01370
`Patent 8,664,231 B2
`
`equipment must be made at least five (5) business days in advance of the
`hearing date. The request is to be sent to Trials@uspto.gov. If the request is
`not timely received, the equipment may not be available on the day of the
`hearing.
`It is
`ORDERED that oral argument will commence at 10:00 AM ET on
`November 7, 2017.
`
`
`For PETITIONER:
`DeAnn F. Smith
`FOLEY HOAG LLP
`dsmith@foleyhoag.com
`
`William P. Rothwell
`Kayvan B. Noroozi
`NOROOZI PC
`william@noroozipc.com
`kayvan@noroozipc.com
`
`For PATENT OWNER:
`James F. Haley, Jr.
`Brian Gummow
`HALEY GUILIANO LLP
`james.haley@hglaw.com
`brian.gummow@hglaw.com
`
`
`
`4
`
`
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