Trials@uspto.gov
`571-272-7822
`
`Paper 73
`Entered: January 12, 2018
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ACRUX DDS PTY LTD. & ACRUX LIMITED
`Petitioner,
`
`v.
`
`KAKEN PHARMACEUTICAL CO., LTD. And VALEANT
`PHARMACEUTICALS INTERNATIONAL, INC.,
`Patent Owner.
`____________
`
`Case IPR2017-00190
`Patent 7,214,506 B2
`____________
`
`
`Before ERICA A. FRANKLIN, SUSAN L. C. MITCHELL, and
`ROBERT A. POLLOCK, Administrative Patent Judges.
`
`MITCHELL, Administrative Patent Judge.
`
`
`
`
`
`
`ORDER
`Request for Oral Argument
`37 C.F.R. § 42.70
`
`
`
`
`571-272-7822
`
`Paper 73
`Entered: January 12, 2018
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ACRUX DDS PTY LTD. & ACRUX LIMITED
`Petitioner,
`
`v.
`
`KAKEN PHARMACEUTICAL CO., LTD. And VALEANT
`PHARMACEUTICALS INTERNATIONAL, INC.,
`Patent Owner.
`____________
`
`Case IPR2017-00190
`Patent 7,214,506 B2
`____________
`
`
`Before ERICA A. FRANKLIN, SUSAN L. C. MITCHELL, and
`ROBERT A. POLLOCK, Administrative Patent Judges.
`
`MITCHELL, Administrative Patent Judge.
`
`
`
`
`
`
`ORDER
`Request for Oral Argument
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`IPR2017-00190
`
`Patent 7,214,506 B2
`The Scheduling Order for this proceeding provided that an oral hearing
`would be conducted if the hearing is requested by the parties and granted by the
`Board. Patent Owner and Petitioner each requested oral hearing pursuant to
`37 C.F.R. § 42.70. Papers 54, 61. The requests are granted.
`Each party will have forty-five (45) minutes of total time to present
`argument. Petitioner bears the ultimate burden of proof that Patent Owner’s claims
`at issue are unpatentable. Thus, Petitioner will open the hearing by presenting its
`case regarding the challenged claims for which we instituted trial. Petitioner may
`reserve some of its argument time for rebuttal. Thereafter, Patent Owner will
`respond to Petitioner’s presentation. Patent Owner may reserve rebuttal time only
`for its Motion to Exclude.
`The hearing will commence at 9:30 AM Eastern Time on January 26, 2018,
`in Hearing Room A, on the ninth floor of Madison Building East, 600 Dulany
`Street, Alexandria, Virginia. The Board will provide a court reporter for the
`hearing, and the reporter’s transcript will constitute the official record of the
`hearing and will be entered in the record. The hearing will be open to the public
`for in-person attendance that will be accommodated on a first-come, first-served
`basis.
`Furthermore, under 37 C.F.R. § 42.70(b), demonstrative exhibits must be
`served at least seven (7) business days before the hearing date. The parties also
`shall provide the demonstrative exhibits to the Board at least two business days
`prior to the hearing 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 panel and court
`reporter at the hearing.
`
`
`2
`
`
`
`
`
`
`
`
`IPR2017-00190
`Patent 7,214,506 B2
`
`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 and include a
`one-sentence statement of the reason for each objection. 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 reminded that the presenter must identify clearly and
`specifically each demonstrative exhibit (e.g., by slide or screen number) referenced
`during the hearing to avoid confusion, and to ensure the clarity and accuracy of the
`reporter’s transcript.
`The Board expects lead counsel for each party to be present in person at the
`oral hearing. However, any counsel of record may present the party’s argument. If
`either party expects that its lead counsel will not be attending the oral argument,
`the parties should initiate a joint telephone conference with the Board no later than
`two 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 equipment are to be made
`five (5) days in advance of the hearing date. The request is to be sent to
`3
`
`
`
`
`IPR2017-00190
`
`Patent 7,214,506 B2
`Trials@uspto.gov, any requests not sent specifically to that email address will not
`be considered timely. If the request is not received timely, the equipment may not
`be available on the day of the hearing.
`
`
`
`
`
`
`
`
`4
`
`
`
`
`
`
`
`
`IPR2017-00190
`Patent 7,214,506 B2
`
`For PETITIONER:
`
`E. Anthony Figg
`Aydin H. Harston
`ROTHWELL FIGG, ERNST & MANBECK, P.C.
`effig@rothwellfigg.com
`aharston@rothwellfigg.com
`litigationparalegals@rothwellfigg.com
`
`Teresa Rea
`Shannon Lentz
`CROWELL & MORING LLP
`trea@crowell.com
`slentz@crowell.com
`
`Tyler Liu
`AGENTUM PHARMACEUTICALS, LLC
`tliu@agpharm.com
`
`
`For PATENT OWNER:
`
`John D. Livingstone
`Naoki Yoshida
`Anthony Hartman
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP
`KakenIPR@finnegan.com
`Naoki.yoshida@finnegan.com
`hartmana@finnegan.com
`
`Toan P. Vo
`VALEANT PHARMACEUTICALS NORTH AMERICA LLC
`Toan.vo@bausch.com
`
`
`
`5
`
`
`
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