Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`
`
`
`
`
` Paper No. 64
`
` Entered: August 10, 2018
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`WEST-WARD PHARMACEUTICALS INTERNATIONAL LIMITED,
`Petitioner,
`
`v.
`
`NOVARTIS PHARMACEUTICALS CORP.,
`Patent Owner.
`____________
`
`Case IPR2017-015921
`Patent 8,410,131 B2
`____________
`
`
`
`Before SHERIDAN K. SNEDDEN, ROBERT A. POLLOCK, and
`JACQUELINE T. HARLOW, Administrative Patent Judges.
`
`POLLOCK, Administrative Patent Judge.
`
`
`
`ORDER
`Granting Request for Oral Argument
`37 C.F.R. § 42.70
`
`
`
`
`1 IPR2018-00507 has been joined to this proceeding.
`
`
`
`
`
`571-272-7822
`
`
`
`
`
`
`
`
`
`
` Paper No. 64
`
` Entered: August 10, 2018
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`WEST-WARD PHARMACEUTICALS INTERNATIONAL LIMITED,
`Petitioner,
`
`v.
`
`NOVARTIS PHARMACEUTICALS CORP.,
`Patent Owner.
`____________
`
`Case IPR2017-015921
`Patent 8,410,131 B2
`____________
`
`
`
`Before SHERIDAN K. SNEDDEN, ROBERT A. POLLOCK, and
`JACQUELINE T. HARLOW, Administrative Patent Judges.
`
`POLLOCK, Administrative Patent Judge.
`
`
`
`ORDER
`Granting Request for Oral Argument
`37 C.F.R. § 42.70
`
`
`
`
`1 IPR2018-00507 has been joined to this proceeding.
`
`
`
`
`
`
`IPR2017-01592
`Patent 8,410,131 B2
`
`
`Both parties have requested oral hearing pursuant to 37 C.F.R.
`§ 42.70, and the January 3, 2018 Scheduling Order (Paper 13). Papers 58,
`58. The parties’ requests for oral hearing are granted.
`
`Time and Format
`Oral argument will commence at 1:00 PM Eastern Time on
`September 19, 2018, on the ninth floor of the Madison Building East, 600
`Dulany Street, Alexandria, Virginia. As requested by both parties, the
`hearing will be held in Hearing Room A. The hearing will be open to the
`public for in-person attendance, which will be accommodated on a first
`come, first served basis.
`Each side will have a total of 60 minutes to present arguments.
`Petitioner will open the hearing and may present arguments regarding the
`challenged claims for which the Board instituted trial and its Motion to
`Exclude. Patent Owner will then respond to Petitioner’s arguments, and
`may additionally present its arguments regarding its Motion to Exclude.
`Petitioner may reserve up to 30 minutes of rebuttal time to respond to Patent
`Owner’s arguments on all issues. Patent Owner may reserve up to 10
`minutes for sur-rebuttal.
`The Board will provide a court reporter for the hearing and the
`reporter’s transcript will constitute the official record of the hearing. There
`will be only one transcript, which will be entered into each case. If an
`argument is not applicable to all cases, the presenter should clearly state
`which case the argument is directed to.
`
`2
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`IPR2017-01592
`Patent 8,410,131 B2
`
`
`Demonstratives
`At least seven 7 business days before the hearing date, each party
`shall serve on the other party any demonstrative exhibit(s) it intends to use
`during the hearing. See 37 C.F.R. § 42.70(b). Notwithstanding 37 C.F.R.
`§ 42.70(b), each party shall, instead of filing, provide a courtesy copy of the
`demonstrative exhibits to the Board at least three full business days prior to
`the hearing by emailing them to Trials@uspto.gov.
`Any argument presented in the demonstrative exhibits must be
`supported by evidence already of record. The demonstrative exhibits,
`however, are not evidence. Instead, they are intended to assist the parties in
`presenting their oral arguments to the Board. Also, the demonstrative
`exhibits are not a mechanism for making arguments not previously
`presented. The panel will not consider arguments or evidence appearing
`only in demonstrative exhibits. The parties are directed to St. Jude Medical,
`Cardiology Division, Inc. v. The Board of Regents of the University of
`Michigan, IPR2013-00041 (PTAB January 27, 2014) (Paper 65), for
`guidance regarding the appropriate content of demonstrative exhibits.
`Due to the nature of the demonstrative exhibits, the panel does not
`anticipate that objections to such exhibits would likely be sustained.
`Nevertheless, to the extent that there is any objection to the propriety of the
`demonstrative exhibits, the parties shall meet and confer in good faith to
`resolve any issue. If the parties cannot resolve the issues regarding the
`demonstrative exhibits on their own, the objecting party may file a one-page
`list of its objections to the demonstrative exhibits with the Board at least
`three full business days before the hearing. The objecting party should
`3
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`IPR2017-01592
`Patent 8,410,131 B2
`
`identify with particularity which portions of the demonstrative exhibits it
`objects to, and include a one-sentence statement of the reason for each
`objection. No argument or further explanation is permitted. The panel will
`schedule a conference call if necessary. Any objection to demonstrative
`exhibits that is not timely presented will be considered waived.
`The parties are reminded that each presenter must identify clearly and
`specifically each demonstrative exhibit (e.g., by slide or screen number)
`referenced during the hearing to ensure the clarity and accuracy of the
`reporter’s transcript. When introducing a demonstrative slide relating to
`information subject to a motion to exclude or strike, counsel will briefly note
`that status on the oral record.
`
`Lead Counsel
`The Board expects lead counsel for each party to be present at the oral
`hearing, although any counsel of record may present the party’s argument.
`If either lead counsel is unable to be present at the hearing, the Board shall
`be advised by email no later than two business days prior to the oral hearing,
`and such lead counsel shall be available for a conference call if necessary.
`
`Audio/Visual Equipment Requests
`Questions regarding specific audio-visual equipment should be
`directed to the Board at (571) 272-9797. Requests for audio-visual
`equipment must be made five business days prior to the hearing date.
`The request is to be sent to Trials@uspto.gov. If the request is not
`received timely, the equipment may not be available on the day of the
`hearing.
`
`
`4
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`IPR2017-01592
`Patent 8,410,131 B2
`
`PETITIONER:
`
`David Evans
`Marta Delsignore
`Jeffrey Blake
`Melissa Hayworth
`devans@merchantgould.com
`mdelsignore@goodwinprocter.com
`jblake@merchantgould.com
`mhayworth@merchantgould.com
`
`
`PATENT OWNER:
`
`Nicholas N. Kallas
`Laura K. Fishwick
`Christina Schwarz
`Jared L. Stringham
`FITZPATRICK, CELLA, HARPER & SCINTO
`nkallas@fchs.com
`lfishwick@fchs.com
`cschwarz@fchs.com
`jstringham@fchs.com
`ZortressAfinitorIPR@fchs.com
`
`
`5
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