`U.S. Patent No. 7,049,328
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________
`
`TARO PHARMACEUTICALS U.S.A., INC.,
`Petitioner,
`
`v.
`
`APOTEX TECHNOLOGIES, INC.,
`Patent Owner.
`________________
`
`Case IPR2017-01446
`U.S. Patent No. 7,049,328
`
`Title: USE FOR DEFERIPRONE
`________________
`
`
`PATENT OWNER’S REQUEST FOR ORAL ARGUMENT
`PURSUANT TO 37 C.F.R. § 42.70(a)
`
`
`
`Patent Owner Apotex Technologies, Inc. (“Apotex”) hereby requests an oral
`
`IPR2017-01446
`U.S. Patent No. 7,049,328
`
`
`
`argument pursuant to 37 C.F.R. § 42.70(a) and DUE DATE 4 of the Scheduling
`
`Order (Paper 8). Patent Owner intends to address the following issues:
`
`
`
`the grounds on which inter partes review was instituted, namely:
`
`a)
`
`whether claims 1, 2, 4-11, 13-17 and 19 of U.S. Patent No.
`
`7,049,328 (“the ’328 patent”) are anticipated by each of
`
`Hoffbrand 1998, Olivieri Abstract 1995, and Olivieri 1995; and
`
`b)
`
`whether claims 1, 2, 4-17, and 19 of the ’328 patent are
`
`rendered obvious over each of Hoffbrand 1998, Olivieri
`
`Abstract 1995, and Olivieri 1995 in view of the knowledge of a
`
`person of ordinary skill in the art;
`
`
`
`
`
`whether Patent Owner has established any secondary considerations
`
`sufficient to overcome Petitioner’s prima facie case of obviousness;
`
`the claim construction of the following terms:
`
`a)
`
`b)
`
`“therapeutically effective amount”; and
`
`the “intended results” (also referred to as “claimed results”)
`
`(claims 1, 2, 4-10, and 19);
`
`
`
`any other issues raised in papers filed in this proceeding, including
`
`issues raised in papers yet to be filed, such as Motions to Exclude or
`
`
`
`
`
`IPR2017-01446
`U.S. Patent No. 7,049,328
`
`Motions for Observations on Cross-Examination; and
`
`
`
`any other issues the Board deems necessary for issuing a final written
`
`decision.
`
`Patent Owner respectfully requests one hour per side of oral argument time
`
`in this proceeding. Patent Owner further requests permission to use audio/visual
`
`equipment to display evidence and demonstrative exhibits, including a projector
`
`and screen for PowerPoint or other electronic materials. Patent Owner also
`
`requests permission to present handouts of demonstrative exhibits during the oral
`
`argument.
`
`Date: June 28, 2018
`
` Respectfully submitted,
`
` By: /s/ W. Blake Coblentz
`W. Blake Coblentz
`Reg. No. 57,104
`COZEN O’CONNOR
`1200 Nineteenth Street, N.W.
`Washington, D.C. 20036
`(202) 912-4837
`
`2
`
`
`
`IPR2017-01446
`U.S. Patent No. 7,049,328
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on June 28, 2018, I caused a true and correct copy of
`
`Patent Owner’s Request for Oral Argument Pursuant to 37 C.F.R. 42.70(a) to
`
`be served via electronic mail on the following attorneys of record:
`
`Huiya Wu
`Sarah Fink
`GOODWIN PROCTER LLP
`The New York Times Building
`620 Eighth Avenue
`New York, NY 10018-1405
`HWu@goodwin.law.com
`SFink@goodwinlaw.com
`
`Date: June 28, 2018
`
`/s/ W. Blake Coblentz
`W. Blake Coblentz
`Reg. No. 57,104
`COZEN O’CONNOR
`1200 Nineteenth Street, N.W.
`Washington, DC 20036
`(202) 912-4837
`
`
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