`Date filed: August 8, 2018
`
`Filed On Behalf Of:
`Novartis Pharmaceuticals Corp.
`
`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
`
`WEST-WARD PHARMACEUTICALS INTERNATIONAL LIMITED
`Petitioner,
`
`v.
`
`NOVARTIS PHARMACEUTICALS CORPORATION,
`Patent Owner.
`
`Case IPR2017-015921
`Patent No. 8,410,131
`
`PATENT OWNER’S REQUEST FOR ORAL
`ARGUMENT PURSUANT TO 37 C.F.R. § 42.70(a)
`
`1 IPR2018-00507 has been joined to this proceeding.
`
`
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`Pursuant to the January 3, 2018 Scheduling Order (Paper 13) in this
`
`proceeding and 37 C.F.R. § 42.70(a), Patent Owner Novartis Pharmaceuticals
`
`Corp. requests that the Patent Trial and Appeal Board hear oral argument on the
`
`issues below. As set forth in the January 3, 2018 Order, oral argument is
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`scheduled for September 19, 2018.
`
`Patent Owner respectfully requests 60 minutes of argument time.
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`Pursuant to 37 C.F.R. § 42.70(a), Patent Owner specifies the following
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`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
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`challenged claims 1-3 and 5-9 under any of the instituted Grounds 1-5.
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`(2) Patent Owner’s Motion to Exclude improper evidence relied on by
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`Petitioner.
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`(3) Any other issues raised by Petitioner in a request for oral argument,
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`motion to exclude, or any other paper filed by Petitioner before oral
`
`argument.
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`(4) Any other issues that the Board deems necessary.
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`Patent Owner respectfully requests that the hearing be held in Room A, in
`
`order to accommodate counsel representing Patent Owner, counsel representing
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`Petitioner, as well as client representatives who may wish to attend.
`
`1
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`
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`Patent Owner respectfully requests the ability to use audio-visual equipment
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`to display demonstrative exhibits, including the use of a projector and screen for
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`PowerPoint display and an ELMO projector.
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`Dated: August 8, 2018
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`Respectfully submitted,
`
`/ 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
`
`
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`CERTIFICATE OF SERVICE
`
`I certify that a copy of the foregoing PATENT OWNER’S REQUEST FOR
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`ORAL ARGUMENT PURSUANT TO 37 C.F.R. § 42.70(a) was served on August
`
`8, 2018 by causing it to be sent by email to counsel for Petitioner at the following
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`email addresses:
`
`Keith A. Zullow (kzullow@goodwinprocter.com)
`
`Marta E. Delsignore (mdelsignore@goodwinprocter.com)
`
`Dated: August 8, 2018
`
`/ 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
`
`3
`
`