`Date Filed: September 25, 2017
`
`
`Filed On Behalf Of:
`Novartis AG
`
`By:
`Nicholas N. Kallas
`NKallas@fchs.com
`ZortressAfinitorIPR@fchs.com
`(212) 218-2100
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`PAR PHARMACEUTICAL, INC.,
`
`Petitioner,
`
`v.
`
`NOVARTIS AG,
`
`Patent Owner.
`
`
`
`Case IPR2016-01479
`
`Patent No. 9,006,224
`
`
`
`
`
`PATENT OWNER’S REQUEST FOR ORAL
`ARGUMENT PURSUANT TO 37 C.F.R. § 42.70(a)
`
`
`
`
`
`
`
`
`
`Pursuant to the February 15, 2017 Scheduling Order (Paper 9) in this
`
`proceeding and 37 C.F.R. § 42.70(a), Patent Owner Novartis AG requests that the
`
`Patent Trial and Appeal Board hear oral argument on the issues below. As set
`
`forth in the February 15, 2017 Order, oral argument is scheduled for November 1,
`
`2017.
`
`Patent Owner respectfully requests 60 minutes of argument time.
`
`Pursuant to 37 C.F.R. § 42.70(a), Patent Owner specifies the following
`
`issues to be argued, without intent to waive consideration of any issue not
`
`requested:
`
`(1) Petitioner’s failure to meet its burden of establishing obviousness of
`
`challenged claims 1-3 under any of the instituted Grounds 1-4.
`
`(2) Patent Owner’s Motion to Exclude improper evidence relied on by
`
`Petitioner.
`
`(3) Patent Owner’s Surreply (Paper 26) request to reject Petitioner’s
`
`improper new arguments and new evidence in their Reply (Paper 21).
`
`(4) Any other issues raised by Petitioner in a request for oral argument,
`
`motion to exclude, or any other paper filed by Petitioner before oral
`
`argument.
`
`(5) Any other issues that the Board deems necessary.
`
`
`
`
`
`1
`
`
`
`
`
`Patent Owner respectfully requests that the hearing be held in Room A, in
`
`order to accommodate counsel representing Patent Owner, counsel representing
`
`Petitioner, and counsel for Argentum Pharmaceuticals LLC and West-Ward
`
`Pharmaceuticals International Ltd. who have moved to join IPR2016-01479, as
`
`well as client representatives who may wish to attend.
`
`Patent Owner respectfully requests the ability to use audio-visual equipment
`
`to display demonstrative exhibits, including the use of a projector and screen for
`
`PowerPoint display and an ELMO projector.
`
`
`
`Dated: September 25, 2017
`
`
`
`
`
`
`
`/Nicholas N. Kallas/
`Nicholas N. Kallas
`Registration No. 31,530
`Lead Counsel for Patent Owner
`FITZPATRICK, CELLA, HARPER
`& SCINTO
`1290 Avenue of the Americas
`New York, NY 10104-3800
`Tel. 212-218-2100
`
`
`
`
`
`2
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I certify that a copy of the foregoing Patent Owner’s Request for Oral
`
`Argument Pursuant to 37 C.F.R. § 42.70(a) was served on September 25, 2017 by
`
`causing it to be sent by email to counsel for Petitioner at the following email
`
`addresses:
`
`
`
`Daniel G. Brown (daniel.brown@lw.com)
`
`Jonathan M. Strang (jonathan.strang@lw.com)
`
`Brenda L. Danek (brenda.danek@lw.com)
`
`
`
`Dated: September 25, 2017
`
`
`
`
`
`
`
`/ Nicholas N. Kallas /
`Nicholas N. Kallas
`Registration No. 31,530
`Lead Counsel for Patent Owner
`FITZPATRICK, CELLA, HARPER
`& SCINTO
`1290 Avenue of the Americas
`New York, NY 10104-3800
`Tel. 212-218-2100
`
`
`
`
`
`
`
`1
`
`
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