`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`MYLAN PHARMACEUTICALS INC.,
`Petitioner
`
`V.
`
`QUALICAPS CO., LTD,
`Patent Owner
`
`Case IPR2017-00203
`
`Patent 6,649,180
`
`PATENT OWNER’S REQUEST FOR ORAL
`ARGUMENT UNDER 37 C.F.R. § 42.70
`
`DC: 6580179—2
`
`
`
`IPR2017-00203
`
`In accordance with 37 C.F.R. § 42.70(a) and the Scheduling Order (Paper No.
`
`11) as modified by the Joint Notice of Stipulation to Adjust Scheduie (Paper No.
`
`21), Second Joint Notice of Stipulation to Adjust Schedule (Paper No. 25), and the
`
`Amended Scheduling Order (Paper No. 42), Patent Owner requests the opportunity
`
`to present oral argument on the instituted ground of unpatentability for US. Patent
`
`No. 6,649,180 (see Paper No. 10, p. 17), which encompasses each of the obviousness
`
`issues addressed in Petitioner’s Petition and Reply, Patent Owner’s Response, and
`
`all exhibits thereto, including declarations and depositions.
`
`The instituted ground and other issues to be addressed at oral argument
`
`include:
`
`(1) Petitioner has failed to carry its burden under 35 U.S.C. § 316(6) to prove
`
`that Claims 1 and 4 of the ’180 Patent are unpatentable under 35 U.S.C. § 103(a)
`
`over Yamamoto and the Japanese Pharmacopoeia;
`
`(2) Petitioner’s Reply inappropriately introduced new arguments outside the
`
`scope of a proper reply as defined in 37 CPR. § 4223(1));
`
`(3) Patent Owner’s Motion to Exclude Evidence Pursuant to 37 C.F.R.
`
`§ 42.64;
`
`(4) Rebuttal to Petitioner’s presentation on all matters, including issues 1
`
`through 3 above; and
`
`
`
`IPR2017-00203
`
`(5) Any other issues that the Board deems necessary for issuing a final written
`
`decision.
`
`Patent Owner requests 45 minutes of total argument time. Oral argument (Due
`
`Date 7) is scheduled for January 25, 2018 (Paper No. 42, p. 2).
`
`
`Dated: December 6 2017
`
`Respectfully submfféd,
`a“M fix;
`if”
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`E
`fessica 2’ PareZo, Reg. No. 50,286
`Andrea
`.Reister, Reg. No. 36,253
`Scott E. Kamholz, Reg. No. 48,543
`Michael N. Kennedy, pro lmc vice
`Megan P. Keane, pro hac vice
`Covington & Burling LLP
`One CityCenter, 850 Tenth St., NW
`Washington DC 20001
`
`MaryAnne Armstrong, Reg. No. 40,069
`Lynde F. Herzbach, Reg. No. 74,886
`Birch, Stewart, Kolasch & Birch, LLP
`8110 Gatehouse Rd, Ste 100 East
`Falls Church VA 22042
`
`Counsel for Patent Owner
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6, I hereby certify that on this 6th day of December
`
`2017, the foregoing Patent Owner’s Request for Oral Argument Under 37 C.F.R.
`
`§ 42.70 was served by electronic mail, by agreement of the parties, on the following
`
`counsel of record for Petitioner.
`
`Mitcheil G. Stockwell
`
`David C. Holioway
`Miranda C. Rogers
`Mylan-WC-IPR@kiipatricktownsendmom
`Kiipatrick Townsend & Stockton LLP
`1100 Peachtree Street, Suite 2800
`Atlanta, GA 30309
`
`Date: December 6, 2017
`
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`,2
`
`JessicgaieL. Paigézo,
`Reg. No; 50,286
`
`
`Esq.
`
`
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