`Trials@uspto.gov
`571-272-7822
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`Paper No. 33
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` Entered: June 14, 2018
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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`LUPIN LTD. and LUPIN PHARMACEUTICALS, INC.,
`Petitioners,
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`v.
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`HORIZON THERAPEUTICS, LLC,
`Patent Owner.
`____________
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`Case IPR2017-01159 (Patent 9,254,278 B2)
`Case IPR2017-01160 (Patent 9,326,966 B2)1
`____________
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`Before DEBORAH KATZ, GRACE KARAFFA OBERMANN, and
`RAMA G. ELLURU, Administrative Patent Judges.
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`KATZ, Administrative Patent Judge.
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`ORDER – Oral Argument
`37 C.F.R. § 42.70
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`1 We exercise our discretion to issue one Order to be filed in both cases. The
`parties are not authorized to use this style heading for any subsequent papers.
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`Case IPR2017-01159 (Patent 9,254,278 B2)
`Case IPR2017-01160 (Patent 9,326,966 B2)
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`Both parties requested oral argument in this trial. (See Papers 27 and 28.)
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`Accordingly, it is ORDERED that oral argument will commence at 10:00 AM
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`Eastern Time, on July 9, 2018, on the ninth floor of Madison Building East,
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`600 Dulany Street, Alexandria, Virginia. See 35 U.S.C. § 316(a)(10).
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`Petitioner and Patent Owner each will have 30 minutes to present arguments.
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`Petitioner bears the ultimate burden of proof that the claims at issue in these
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`reviews are unpatentable. Petitioner will, therefore, open the hearing by presenting
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`its case regarding the challenged claims for which the Board instituted trial. Patent
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`Owner will then respond to Petitioner’s arguments. Petitioner may reserve time to
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`reply to arguments presented by Patent Owner.
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`The oral hearing will be open to the public for in-person attendance. In-
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`person attendance will be accommodated on a first come, first serve basis. The
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`Board will provide a court reporter for the hearing and the reporter’s transcript will
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`constitute the official record of the hearing for both cases.
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`Any demonstrative exhibits must be served at least five business days before
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`the hearing. The parties also shall provide a copy of any demonstrative exhibits to
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`the Board at least five business days prior to the hearing by emailing them to
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`Trials@uspto.gov, and the parties shall not file their demonstrative exhibits in
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`these proceedings without prior authorization from the Board. Each party shall
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`provide a hard copy of their demonstratives to the court reporter at the hearing.
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`Demonstrative exhibits are not evidence and are not part of the record of the
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`proceeding. They are intended only to assist the parties in presenting their oral
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`argument to the panel. Nevertheless, if either party objects to the other’s
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`demonstratives, it shall send an e-mail to the Board, at least two business days
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`before the hearing, with a list of its objections, not to exceed one-page. For each
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`objection, the list must identify with particularity the demonstratives subject to the
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`2
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`Case IPR2017-01159 (Patent 9,254,278 B2)
`Case IPR2017-01160 (Patent 9,326,966 B2)
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`objection and include a short, one-sentence statement explaining the objection. We
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`will consider the objections and reserve ruling on them until the hearing or after
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`the hearing. Any objection to demonstrative exhibits not presented timely will be
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`considered waived.
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`The parties also are reminded that during oral argument counsel must
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`identify clearly and specifically each demonstrative exhibit (e.g., by slide or screen
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`number) or page of the record referenced during the hearing to ensure the clarity
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`and accuracy of the reporter’s transcript.
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`Any special requests for audio visual equipment should be directed to
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`Trials@uspto.gov at least three business days in advance of the hearing.
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`3
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`Case IPR2017-01159 (Patent 9,254,278 B2)
`Case IPR2017-01160 (Patent 9,326,966 B2)
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`For PETITIONER:
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`Elizabeth J. Holland
`Cynthia Lambert Hardman
`GOODWIN PROCTER LLP
`eholland@goodwinlaw.com
`chardman@goodwinlaw.com
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`For PATENT OWNER:
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`Robert Green
`Emer Simic
`Ann Kotze
`GREEN, GRIFFITH & BORG-BREEN, LLP
`rgreen@greengriffith.com
`esimic@greengriffith.com
`akotze@greengriffith.com
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`Matthew Phillips
`LAURENCE & PHILLIPS IP LAW LLP
`mphillips@lpiplaw.com
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`Dennis Bennett
`GLOBAL PATENT GROUP, LLC
`dennisbennett@globalpatentgroup.com
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`4
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