`
`In the Matter Of:
`
`WATSON LABORATORIES VS UNITED THERAPEUTICS
`
`IPR2017—01621 and IPR201?—01622
`
`
`
`
`
`
`HEARING
`
`May 10, 2018
`
`;
`
`800.211.DEPO (3376)
`EsquireSoiutions.com
`
`DEPOSITION SOLUTIONS
`
`UNITED THERAPEUTICS, EX. 2205
`WATSON LABORATORIES v. UNITED THERAPEUTICS, |PR2017-01622
`
`
`
`HEARING
`WMISONLABORATORESVSUNWEDTHERAPEUWCS
`
`May 10, 2018
`1
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Cases IPR2017—01621 and
`
`Petitioner,
`
`:
`
`IPR2017—01622
`
`v.
`
`UNITED THERAPEUTICS,
`
`: Patents 9,358,240 BZ and
`
`CORP.,
`
`:
`
`9,339,507 B2
`
`Patent Owner.
`
`
`
`Telephonic Conference
`
`Before the Patent Trial and Appeal Board
`
`TONI R. SCHEINER, ERICA A. FRANKLIN, and DAVID COTTA,
`
`Administrative Patent Judges
`
`Washington, D.C.
`
`Thursday, May 10, 2018
`
`10:02 a.m.
`
`Reported By: Keith A. Wilkerson
`
`[é ESQUIRE
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`
`HEARING
`WATSON LABORATORIES VS UNITED TH ERAPEUTICS
`
`May 10, 2018
`2
`
`A P P E A R A N C E S
`
`ON BEHALF OF PETITIONER:
`
`ANDREW R. SOMMER, ESQUIRE
`
`WINSTON & STRAWN, LLP
`
`1700 K Street, N.W.
`
`Washington, D.C.
`
`20006
`
`(202) 262—5896
`
`asommer@winston.com
`
`kmathas®winston.com
`
`KURT A. MATHAS, ESQUIRE
`
`WINSTON & STRAWN, LLP
`
`35 W. Wacker Drive
`
`Chicago, Illinois
`
`60601
`
`(312) 558—8329
`
`[é ESQUIRE
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`300.211.0590 (3376)
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`EsquireSolutions. com
`
`
`
`HEARWG
`WMISONLABORATORESVSUNWEDTHERAPEUWCS
`
`May10,2018
`3
`
`A P P E A R A N C E S
`
`C O N T I N U E D
`
`ON BEHALF OF PATENT OWNER:
`
`GEORGE E. QUILLIN, ESQUIRE
`
`STEPHEN B. MAEBIUS, ESQUIRE
`
`FOLEY & LARDNER, LLP
`
`3000 K St, N.W., Suite 500
`
`Washington, D.C.
`
`20007
`
`(202) 672—5413
`
`gquillin@foley.com
`
`smaebius©foley.com
`
`rtorc zon@wsgr . COTfl
`
`RICHARD TORCZON, ESQUIRE
`
`WILSON, SONSINI, GOODRICH & ROSATI
`
`1700 K Street, N.W., Fifth Floor
`
`Washington, D.C.
`
`20006
`
`(202) 973—8811
`
`Q ESQUIRE
`
`DEPOSIIION SOLUTIONS
`
`800.211.0EPO (3376)
`EsquireSolutions. com
`
`
`
`HEARING
`WMISONLABORATORESVSUNWEDTHERAPEUWCS
`
`May 10, 2018
`4
`
`JUDGE COTTA: Good morning. This is Judge
`
`Cotta.
`
`I am here with Judge Scheiner and Judge
`
`Franklin. This conference call is with respect to
`
`Cases IPR2017—01621 and IPR2017—01622. Would counsel
`
`present please introduce themselves.
`
`MR. SOMMER: Your Honor,
`
`this is Andrew
`
`Sommer from Winston & Strawn, and with me today is
`
`Kurt Mathas, also with Winston & Strawn. His pro hac
`
`vice motion is pending before the panel.
`
`JUDGE COTTA:
`
`Thank you. And for the
`
`patent owner?
`
`MR. QUILLIN: Your Honor,
`
`this is George
`
`Quillin, and on the phone we've got my lead counsel,
`
`Steve Maebius, and we also have Rick Torczon.
`
`If
`
`there are others on the line who may be calling in,
`
`I'll let them introduce themselves.
`
`JUDGE COTTA: Hearing none,
`
`I'm going to
`
`assume that‘s it. Have either of the parties arranged
`
`for a court reporter to be present?
`
`MR. QUILLIN: Your Honor, we have a court
`
`reporter present.
`
`JUDGE GOTTA:
`
`Can you please provide a
`
`transcript of the call to the petitioner and file it
`
`with the Board?
`
`
`
`MR. QUILLIN: Certainly, Your Honor.
`
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`HEARING
`WMISONLABORATORESVSUNWEDTHERAPEUWCS
`
`May 10, 2018
`5
`
`JUDGE COTTA: This is a call to discuss
`
`changes to the case schedule and briefing necessitated
`
`by our April 30th, 2018 order instituting on all
`
`challenged claims and all grounds. We received an
`
`e—mail,
`
`including a proposed schedule, earlier this
`
`morning, and we note that the schedule includes time
`
`for a supplemental brief to be filed by the patent
`
`owner.
`
`Is the schedule comprehensive such that it
`
`includes all the changes proposed by the parties in
`
`response to our April 30th order?
`
`MR. QUILLIN: Yes,
`
`I believe so, Your Honor.
`
`Without wanting to speak for petitioner, and we don't
`
`mean to be presumptuous about due date seven,
`
`the oral
`
`argument, but we recognize that the Board will set
`
`that date when it‘s able to. That's a proposed date
`
`that the parties have agreed to. As for the other
`
`dates, we‘ve gone through dates one through seven, and
`
`
`
`I believe that‘s comprehensive.
`
`The idea is to leave in place the papers
`
`that have already been filed,
`
`the patent owner
`
`response, and then at the proposed date of July 11 the
`
`patent owner will file a short supplemental patent
`
`owner response to address the newly instituted grounds
`
`and will also be able to file a motion to amend.
`
`Then
`
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`HEARING
`WMISONLABORATORESVSUNWEDTHERAPEUWCS
`
`May 10, 2018
`6
`
`the rest of the dates flow from there pretty much in
`
`sequence as the original schedule contemplated.
`
`JUDGE GOTTA:
`
`Thank you. We actually did
`
`have a question on the motion to amend. Under the
`
`prior schedule I believe that deadline had already
`
`passed.
`
`Is that something that you're asking us to
`
`now extend? Are you contemplating filing a motion to
`
`amend?
`
`
`
`MR. QUILLIN: We are contemplating it, Your
`
`Honor, and with regard to the newly instituted grounds
`
`it would be our position that certain rights flow from
`
`that. You have the right to respond,
`
`the right to
`
`cross—examine and all that sort of stuff, and among
`
`those would be the right to file a motion to amend.
`
`We recognize that at some point we have to come to the
`
`Board and go through the conferring process and get
`
`whatever guidance we would be getting from the Board,
`
`but, with regard to the motion to amend,
`
`that is once
`
`again on the table, as I understand it.
`
`JUDGE GOTTA: Petitioner, do you agree that
`
`that's still on the table?
`
`MR. SOMMER: Your Honor,
`
`that is what we've
`
`agreed to as part of this scheduling adjustment-
`
`JUDGE GOTTA: Okay. Well, I've already
`
`spoken with the panel and conferred on the briefing.
`
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`HEARING
`WMISONLABORATORESVSUNWEDTHERAPEUWCS
`
`May 10, 2018
`7
`
`We're inclined to grant the additional briefing, and
`
`we'll issue an order to that effect with the 5,000
`
`words on the patent owner response and the 7,600 words
`
`on the reply. As counsel for patent owner pointed
`
`out,
`
`I think we're likely to want to change the oral
`
`argument dates, which might necessitate compressing
`
`the schedule in some respects.
`
`I wanted to ask preliminarily if you are
`
`able to tell now whether you have availability on
`
`November 13th for the hearing.
`
`MR. QUILLIN: That was actually one of the
`
`dates the parties had discussed, Your Honor. One of
`
`our teammates has a wedding that week,
`
`so we would
`
`very much prefer from our side that it not be ——
`
`JUDGE GOTTA:
`
`On the 13th.
`
`MR. QUILLIN: Correct.
`
`
`
`MR. SOMMER: Your Honor,
`
`from petitioner's
`
`perspective,
`
`that date was something that we proposed
`
`as a date that we had available. We had also
`
`discussed December 5 with the patent owner, and
`
`unfortunately that conflicts with a trial that lead
`
`counsel and Mr. Mathas will be involved in.
`
`JUDGE GOTTA:
`
`I think we were looking to
`
`move the hearing date forward rather than backward so
`
`as not to potentially compromise the statutory
`
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`HEARING
`WMISONLABORATORESVSUNWEDTHERAPEUWCS
`
`May 10, 2018
`8
`
`deadline.
`
`MR. QUILLIN: Your Honor,
`
`I appreciate that
`
`the statutory deadline is there, but that deadline
`
`contemplates a full twelve months from institution,
`
`and having just now a few weeks ago instituted on the
`
`new grounds we‘ll be talking about trying to do it in
`
`many fewer months than twelve.
`
`If it‘s at all possible, we would request
`
`that the Board exercise its discretion or have the
`
`director or the chief judge exercise discretion to
`
`extend that statutory date if necessary so that things
`
`aren't unnecessarily cramped.
`
`It appears that we'll
`
`have cross—examination of witnesses that was not part
`
`of the ——
`
`
`
`JUDGE GOTTA:
`
`I understand that a change in
`
`schedule is a hardship on all parties as well as on
`
`the Board. We‘re certainly mindful of that, but I
`
`think our inclination is to try and hold to the
`
`statutory date.
`
`MR. SOMMER: Your Honor,
`
`if I may,
`
`just a
`
`couple of other considerations that went into
`
`generating this schedule. Petitioner has offered its
`
`declarants up for supplemental cross—examination to
`
`patent owner, and that will be complete by the end of
`
`this month based on those proposed dates.
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`HEARING
`WMISONLABORATORESVSUNWEDTHERAPEUWCS
`
`May 10, 2018
`9
`
`Another point of reference that the parties
`
`were cognizant of when they negotiated this particular
`
`schedule is the fact that at this point in time with
`
`the patent owner response that is on file there are
`
`ten declarants that will need to be cross—examined or
`
`at least that need to be made available for
`
`cross—examination. With that number of witnesses that
`
`will need to be deposed, petitioner would appreciate
`
`at least the time contemplated by the original
`
`scheduling order to get that done.
`
`Some of those witnesses will be coming from
`
`overseas, and my assumption is —— and we have not
`
`discussed this with the patent owner —— that the
`
`flexibility of those witnesses to travel to the United
`
`States may be something that is not very flexible.
`
`JUDGE GOTTA: One of the dates that we had
`
`
`
`identified in the proposed schedule that you sent as
`
`potentially offering an opportunity to compress the
`
`time required was the reply to the opposition to the
`
`motion to amend, because at the time it hadn‘t been
`
`clear to us that the motion to amend was on the table
`
`because the deadline had passed.
`
`As I understand it, patent owner's position
`
`is that because of the institution of new grounds you
`
`may want to reconsider whether or not there's a motion
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`HEARING
`WMISONLABORATORESVSUNWEDTHERAPEUWCS
`
`May 10, 2018
`10
`
`to amend,
`
`if there‘s going to be a motion to amend.
`
`MR. QUILLIN: At the current time, Your
`
`Honor, we are certainly contemplating filing a motion
`
`to amend.
`
`It just seems to me, Your Honor,
`
`that the
`
`guidance from the chief was that the panel would be
`
`flexible and that the PTO as an agency would be
`
`prepared to extend the statutory time,
`
`the deadline,
`
`as required under this very extraordinary circumstance
`
`of SAS coming down.
`
`JUDGE GOTTA:
`
`Can I put you on hold for a
`
`second while we confer?
`
`MR. QUILLIN: Yes, Your Honor.
`
`(Discussion off the record.)
`
`
`
`JUDGE GOTTA:
`
`I've conferred with the panel,
`
`and I guess one question we have is whether the
`
`parties would have any objection to moving the
`
`deadline for filing a motion to amend forward in time.
`
`You currently have July 11th.
`
`MR. SOMMER: Your Honor,
`
`there would be no
`
`objection from petitioner on that.
`
`JUDGE GOTTA:
`
`I guess that's not surprising.
`
`(Laughter.)
`
`MR. QUILLIN:
`
`I would need to confer with my
`
`team and confer with my client. What date does the
`
`Board have in mind?
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`HEARING
`WMISONLABORATORESVSUNWEDTHERAPEUWCS
`
`May 10, 2018
`11
`
`JUDGE GOTTA: We wanted to hear from you as
`
`to how much time you felt you needed.
`
`MR. QUILLIN: As the schedule stands right
`
`now, we have five weeks or a little more than maybe
`
`six weeks from the last scheduled deposition until the
`
`due date for our motion to amend and the supplemental
`
`response.
`
`Just to help me understand,
`
`is the Board
`
`suggesting that the date for the motion to amend be
`
`different than the date for the supplemental response?
`
`JUDGE GOTTA: Yes.
`
`MR. QUILLIN: We can handle things, Your
`
`Honor. Of course, one week before that is the 4th of
`
`July.
`
`scheduled?
`
`JUDGE GOTTA: When is your last deposition
`
`
`
`MR. QUILLIN: Petitioner has offered, and we
`
`will accept —— I think it‘s May the 31st.
`
`The notice
`
`of deposition hasn‘t gone out yet, of course, but that
`
`would be the date of the second deposition of the
`
`petitioner‘s witness.
`
`JUDGE GOTTA:
`
`If you'll just give us a few
`
`seconds to confer again,
`
`then we'll likely wrap this
`
`up.
`
`(Discussion off the record.)
`
`JUDGE GOTTA:
`
`Just two other questions on
`
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`HEARING
`WMISONLABORATORESVSUNWEDTHERAPEUWCS
`
`May 10, 2018
`12
`
`availability. What is the parties' availability for
`
`the week of November 5th and for November 19th?
`
`MR. SOMMER: Your Honor,
`
`for the week of
`
`November 5th we are available to do the hearing any
`
`day except for the 8th. As for that other week,
`
`I
`
`don't know without conferring with my colleagues,
`
`some
`
`of whom, unfortunately, are not on this call.
`
`JUDGE COTTA: And for patent owner?
`
`MR. QUILLIN:
`
`The 9th should be okay, Your
`
`
`
`JUDGE COTTA: November 9th is okay?
`
`MR. QUILLIN: November 9th,
`
`I think yes,
`
`Your Honor.
`
`JUDGE COTTA: Any availability for the 5th
`
`through the 8th?
`
`MR. QUILLIN: Off the top of my head,
`
`I
`
`don't know, Your Honor.
`
`JUDGE GOTTA: Rather than trying to do this
`
`on the phone, perhaps the easier way would be if you
`
`could just send us by e—mail after the call your
`
`availability for the week of November 5th and the day
`
`of November 19th.
`
`MR. SUMMER: We will do that, Your Honor-
`
`JUDGE COTTA: And I don't want to get too
`
`close to Thanksgiving, but can you also check on the
`
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`HEARING
`WMISONLABORATORESVSUNWEDTHERAPEUWCS
`
`May 10, 2018
`13
`
`MR. SOMMER: Yes, Your Honor.
`
`JUDGE GOTTA:
`
`Is there anything else that we
`
`need to discuss in the wake of this order that hasn't
`
`already been discussed?
`
`MR. SOMMER:
`
`Just one consideration.
`
`If
`
`we're going to split the deadlines for the motion to
`
`amend it's difficult for us to contemplate exactly
`
`what witnesses the patent owner may use to do that to
`
`support his motion to amend. One thing that does
`
`concern us is having to depose any of their witnesses
`
`twice because of the travel and the costs associated
`
`with doing multiple depositions of the same witnesses,
`
`so if that could just be taken into consideration.
`
`And if the panel is inclined to split out
`
`our date to oppose that motion as well such that the
`
`dates are not
`
`too far apart so that we could bring in
`
`the witnesses at the same time, that's the
`
`petitioner's only request if the scheduling goes in
`
`that direction.
`
`JUDGE GOTTA: Understood.
`
`
`
`MR. QUILLIN:
`
`For patent owner, Your Honor,
`
`a different topic entirely has to do with a motion to
`
`seal. We haven‘t, of course, done our supplemental
`
`response or anything,
`
`so I don't know right now
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`HEARING
`WMISONLABORATORESVSUNWEDTHERAPEUWCS
`
`May 10, 2018
`14
`
`whether or not there will be any confidential stuff.
`
`But as long as we‘re all on the phone now,
`
`is this an
`
`appropriate time to discuss the procedures you want us
`
`to follow with a motion to seal?
`
`For example,
`
`is it
`
`okay to do what we did when we filed our patent owner
`
`response? We filed the papers on the day that they
`
`were due, and then the next day we filed a motion to
`
`seal any that were designated as confidential.
`
`JUDGE GOTTA: Certainly, what you did in
`
`connection with that filing was fine, given that the
`
`order had just come down that day.
`
`I think we would
`
`appreciate some advance warning before the motion to
`
`seal is filed,
`
`so if you could notify us of that in
`
`advance,
`
`that would be helpful.
`
`MR. QUILLIN: Very well, Your Honor.
`
`JUDGE GOTTA: Well,
`
`thank you both for your
`
`
`
`time.
`
`I expect that we‘ll issue an order with the
`
`scheduling order shortly after we receive e—mails from
`
`you indicating your availability for the dates that
`
`we've requested, and, as discussed, we expect to grant
`
`the additional briefing that's been requested.
`
`MR. QUILLIN: Very well, Your Honor. We
`
`thank you for your time.
`
`JUDGE GOTTA:
`
`Thank you both for your time.
`
`We'll take this under advisement and issue an order in
`
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`HEARING
`WATSON LABORATORIES VS UNITED THERAPEUTICS
`
`May 10, 2018
`15
`
`due course.
`
`MR. SOMMER:
`
`Thank you very much, Your
`
`JUDGE GOTTA:
`
`The call is now adjourned.
`
`(Conference concluded at 10:29 a.m.)
`
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`HEARING
`WMISONLABORATORESVSUNWEDTHERAPEUWCS
`
`May 10, 2018
`16
`
`CERTIFICATE
`
`District of Columbia,
`
`To wit:
`
`I, Keith A. Wilkerson, a Notary Public of
`
`the District of Columbia, do hereby certify that this
`
`hearing was recorded stenographically by me and that
`
`this transcript is a true record of the proceedings.
`
`I further certify that I am not of Counsel
`
`to any of the parties, nor an employee of Counsel, nor
`
`related to any of the parties, nor in any way
`
`interested in the outcome of this action.
`
`As witness my hand and Notarial Seal this
`
`13th of May 2018.
`
`
`
`\ Li um I,
`
`Keith A. Wilkerson,
`
`Notary Public
`
`My commission expires:
`
`November 14, 2019
`
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`May 10, 2018
`HEARING
`WATSON LABORATORIES VS UNITED THERAPEUTICS Index: 10:29..Consideration
`
`agree
`6:20
`
`8:9,17
`10:25
`
`11:7
`
`cognizant
`9:2
`
`agreed
`5:17 6:23
`
`amend
`
`5:25 6:4,
`
`8,14,18
`
`9:20,21
`
`10:1,4,17
`
`11:6,8
`
`13:8,10
`
`Andrew
`4:6
`
`appears
`8:12
`
`briefing
`5:2 6:25
`
`7:1 14:21
`
`bring
`13:17
`
`call
`
`4:3,23
`5:1 12:7,
`20 15:4
`
`April
`5:3,11
`
`calling
`4:15
`
`argument
`5:15 7:6
`
`arranged
`4:18
`
`assume
`
`4:18
`
`case
`
`5:2
`
`Cases
`4:4
`
`challenged
`5:4
`
`assumption
`9:12
`
`change
`7:5 8:15
`
`colleagues
`12:6
`
`complete
`8:24
`
`comprehensi
`ve
`
`5:9,19
`
`compress
`9:18
`
`compressing
`7:6
`
`compromise
`7:25
`
`concern
`
`13:11
`
`concluded
`15:5
`
`confer
`
`10:11,23,
`24 11:22
`
`conference
`4:3 15:5
`
`conferred
`
`6:25
`10:14
`
`conferring
`6:16 12:6
`
`confidentia
`
`1
`
`14:1,8
`
`conflicts
`7:21
`
`connection
`14:10
`
`considerati
`on
`
`availabilit
`
`7:9 12:1,
`
`14,21
`14:19
`
`backward
`7:24
`
`based
`8:25
`
`Board
`4:24 5:15
`
`6:16.17
`
`check
`12:25
`
`chief
`8:10 10:5
`
`circumstanc
`e
`
`10:8
`
`claims
`5:4
`
`clear
`9:21
`
`client
`10:24
`
`close
`12:25
`
`13:6,14
`
`additional
`7:1 14:21
`
`Y
`
`6.111.
`
`15:5
`
`accept
`11:17
`
`address
`5:24
`
`adjourned
`15:4
`
`adjustment
`6:23
`
`advance
`
`14:12,14
`
`advisement
`14:25
`
`agency
`10:6
`
`I6
`
`ESQUIRE
`
`DEPOSIIION SOLUTIONS
`
`800.211.0EPO {3376)
`EsquireSolutions. com
`
`
`
`HEARING
`
`May 10, 2018
`WATSON LABORATORIES vs UNITED THERAPEUTIfiSex: considerations..guidance
`
`cramped
`8:12
`
`cross-
`
`examination
`
`8:13,23
`9:7
`
`cross—
`
`examine
`6:13
`
`cross—
`
`examined
`9:5
`
`current
`
`10:2
`
`considerati
`ons
`
`8:21
`
`contemplate
`13:8
`
`contemplate
`d
`
`6:2 9:9
`
`contemplate
`
`contemplati
`fig
`
`6:7,9
`10:3
`
`Correct
`
`7:16
`
`costs
`
`date
`
`declarants
`8:23 9:5
`
`depose
`13:11
`
`deposed
`9:8
`
`deposition
`11:5,14,
`
`18,19
`
`depositions
`13:13
`
`designated
`14:8
`
`
`
`difficult
`13:8
`
`direction
`
`13:20
`
`e—mails
`14:18
`
`earlier
`5:5
`
`easier
`12:19
`
`effect
`7:2
`
`end
`
`8:24
`
`exercise
`
`8:9,10
`
`expect
`14:17,20
`
`extend
`6:7 8:11
`
`10:?
`
`extraordina
`
`fine
`14:10
`
`flexibility
`9:14
`
`flexible
`9:15 10:6
`
`flow
`
`6:1,11
`
`follow
`
`14:4
`
`forward
`7:24
`
`10:17
`
`Franklin
`4:3
`
`full
`
`8:4
`
`6:17 10:5
`
`rY
`
`10:8
`
`G
`
`generating
`8:22
`
`George
`4:12
`
`give
`11:21
`
`Good
`4:1
`
`grant
`7:1 14:20
`
`grounds
`5:4,24
`6:10 8:6
`
`9:24
`
`guess
`
`10:15,21
`
`guidance
`
`13:12
`
`Cotta
`
`4:1,2,10,
`17,22 5:1
`
`6:3,20,24
`
`7:15,23
`8:15 9:16
`
`10:10,14,
`21 11:1,
`
`10,14,21,
`25 12:8;
`
`11,14,18,
`24 13:3;
`
`21 14:9;
`
`16,24
`15:4
`
`counsel
`
`4:4,13
`7:4,22
`
`couple
`8:21
`
`court
`
`4:19,20
`
`5:14,16,
`
`22 7:18,
`19,24
`
`8:11,19
`10:24
`
`11:6,8,9,
`19 13:16
`
`dates
`5:18 6:1
`
`7:6,12
`8:25 9:16
`
`13:17
`
`14:19
`
`day
`12:5,21
`
`14:6,7,11
`
`deadline
`
`6:5 8:1,3
`9:22
`
`10:7,17
`
`deadlines
`13:7
`
`December
`7:20
`
`director
`8:10
`
`discretion
`
`8:9,10
`
`discuss
`5:1 13:4
`14:3
`
`discussed
`
`7:12,20
`9:13 13:5
`
`14:20
`
`discussion
`10:13
`
`11:24
`
`due
`5:14 11:6
`
`14:7 15:1
`
`5:5 12:20
`
`Q ESQUIRE
`
`DEPOSIIION SOLUTIONS
`
`800.211.0EPO (3376)
`EsquireSolutions. com
`
`
`
`HEARING
`WATSON LABORATORIES VS UNITED TH ERAPEUTICS
`
`May 10, 2018
`Index: hac..overseas
`
`8:10,15
`9:16
`
`10:10,14,
`
`21 11:1,
`
`10,14,21,
`
`25 12:8,
`11,14,18,
`
`24 13:3,
`21 14:9;
`
`16,24
`15:4
`
`July
`5:22
`
`10:18
`
`11:13
`
`identified
`9:17
`
`inclination
`
`8:18
`
`inclined
`7:1 13:15
`
`includes
`
`5:6,10
`
`including
`5:5
`
`indicating
`14:19
`
`instituted
`5:24 6:10
`8:5
`
`instituting
`5:3
`
`mind
`10:25
`
`mindful
`
`8:17
`
`month
`8:25
`
`months
`
`8:4,7
`
`morning
`4:1 5:6
`
`motion
`4:9 5:25
`
`6:4,7,14,
`18 9:20,
`
`21,25
`
`10:1,3,17
`
`11:6,8
`
`13:7,10,
`
`16,23
`14:4,7,12
`
`note
`
`5:6
`
`notice
`
`11:17
`
`notify
`14:13
`
`Nbvember
`7:10
`
`12:2,4,
`
`11,12,21,
`22
`
`number
`9:7
`
`0
`
`objection
`10:16.20
`
`offered
`
`hac
`
`4:8
`
`handle
`
`11:11
`
`hardship
`8:16
`
`head
`12:16
`
`hear
`11:1
`
`hearing
`4:17
`
`7:10,24
`12:4
`
`helpful
`14:14
`
`overseas
`
`move
`
`7:24
`
`moving
`10:16
`
`Laughter
`10:22
`
`lead
`4:13 7:21
`
`multiple
`13:13
`
`8:22
`11:16
`
`offering
`9:18
`
`opportunity
`9:18
`
`oppose
`13:16
`
`opposition
`9:19
`
`oral
`5:14 7:5
`
`order
`
`5:3,11
`7:2 9:10
`
`13:4
`
`14:11.17,
`
`18,25
`
`original
`6:2 9:9
`
`hold
`8:18
`
`10:10
`
`Honor
`
`4:6,12,
`20,25
`5:12
`
`6:10,22
`7:12,17
`
`8:2,20
`10:3,4,
`
`12,19
`11:12
`
`12:3,10,
`
`13,17,23
`13:2,22
`
`14:15,22
`15:3
`
`institution
`8:4 9:24
`
`introduce
`
`4:5,16
`
`involved
`7:22
`
`IPR2017-
`
`01621
`
`4:4
`
`IPR2017—
`01622
`
`4:4
`
`issue
`7:2
`
`14:17,25
`
`judge
`4:1,2,10,
`
`17,22 5:1
`6:3,20,24
`
`7:15,23
`
`leave
`5:20
`
`long
`14:2
`
`N
`
`necessitate
`
`7:6
`
`necessitate
`d
`
`5:2
`
`needed
`
`11:2
`
`negotiated
`9:2
`
`newly
`5:24 6:10
`
`Q ESQUIRE
`
`DEPOSIIION SOLUTIONS
`
`800.211.0EPO {3376)
`EsquireSolutions. com
`
`
`
`HEARNG
`WMISONLABORATORESVSUNWEDTHERAPEUWCS
`
`May10,2018
`Index: owner..shortly
`
`9:12
`
`owner
`
`4:11 5:8,
`21,23,24
`
`7:3,4,20
`8:24 9:4,
`13 12:8
`
`13:9,22
`14:5
`
`owner's
`
`9:23
`
`panel
`4:9 6:25
`
`perspective
`7:18
`
`petitioner
`4:23 5:13
`6:20 8:22
`
`9:8 10:20
`
`11:16
`
`petitioner'
`s
`
`7:17
`
`11:20
`
`13:19
`
`phone
`4:13
`
`12:19
`
`14:2
`
`10:5,14
`13:15
`
`place
`5:20
`
`papers
`5:20 14:6
`
`part
`6:23 8:13
`
`point
`6:15 9:1,
`3
`
`pointed
`7:4
`
`6:1
`
`prior
`6:5
`
`pro
`4:8
`
`procedures
`14:3
`
`process
`6:16
`
`proposed
`5:5,10,
`
`R
`
`receive
`14:18
`
`received
`5:4
`
`recognize
`5:15 6:15
`
`reconsider
`9:25
`
`SAS
`
`10:9
`
`16,22
`7:18 8:25
`
`9:17
`
`record
`10:13
`
`11:24
`
`provide
`4:22
`
`PTO
`10:6
`
`put
`10:10
`
`reference
`9:1
`
`regard
`6:10,18
`
`reply
`7:4 9:19
`
`schedule
`
`5:2,5,6,9
`
`6:2,5 7:7
`8:16,22
`
`9:3,17
`11:3
`
`scheduled
`
`11:5,15
`
`scheduling
`6:23 9:10
`
`14:18
`
`parties
`4:18
`
`5:10,17
`7:12 8:16
`9:1 10:16
`
`parties'
`12:1
`
`passed
`6:6 9:22
`
`patent
`4:11 5:7,
`
`21,23
`7:3,4,20
`
`8:24 9:4,
`13,23
`12:8
`
`13:9,22
`14:5
`
`pending
`4:9
`
`position
`6:11 9:23
`
`potentially
`7:25 9:18
`
`prefer
`7:14
`
`preliminari
`1?
`
`7:8
`
`prepared
`10:7
`
`present
`4:5,19,21
`
`presumptuou
`s
`
`5:14
`
`pretty
`
`question
`6:4 10:15
`
`questions
`11:25
`
`Quillin
`
`4:12,13,
`
`20,25
`5:12 6:9
`
`7:11,16
`8:2 10:2,
`
`12,23
`11:3,11,
`
`16 12:9.
`12,16
`13:22
`
`14:15,22
`
`Q
`
`reporter
`4:19,21
`
`13:19
`14:18
`
`request
`8:8 13:19
`
`Scheiner
`4:2
`
`requested
`l4:20,2l
`
`seal
`
`13:24
`
`required
`9:19 10:8
`
`respect
`4:3
`
`respects
`7:7
`
`respond
`6:12
`
`response
`
`5:11,22,
`24 7:3
`
`9:4 11:7,
`9 13:25
`
`14:6
`
`14:4,8,13
`
`seconds
`11:22
`
`send
`12:20
`
`sequence
`6:2
`
`set
`
`5:15
`
`short
`
`5:23
`
`shortly
`
`Q ESQUIRE
`
`DEPOSIIION SOLUTIONS
`
`800.211.0EPO {3376)
`EsquireSolutions. com
`
`
`
`HEARING
`WATSON LABORATORIES VS UNITED TH ERAPEUTICS
`
`May 10, 2018
`Index: side..wrap
`
`support
`13:10
`
`TO rc zon
`
`4:14
`
`surprising
`10:21
`
`transcript
`4:23
`
`travel
`9:14
`
`13:12
`
`trial
`7:21
`
`twelve
`
`8:4,7
`
`U
`
`understand
`6:19 8:15
`
`9:23 11:7
`
`Understood
`13:21
`
`table
`
`6:19,21
`9:21
`
`talking
`8:6
`
`team
`
`10:24
`
`teammates
`
`7:13
`
`ten
`
`9:5
`
`wedding
`7:13
`
`week
`
`7:13
`11:12
`
`12:2,3,5,
`21
`
`weeks
`
`8:5 11:4,
`5
`
`Winston
`
`4:7,8
`
`witnesses
`
`8:13 9:7,
`11,14
`
`13:9,11,
`13,18
`
`words
`7:3
`
`wrap
`
`side
`7:14
`
`Sommer
`
`4:6,?
`6:22 7:17
`
`8:20
`
`10:19
`
`12:3,23
`
`13:2,6
`15:2
`
`sort
`
`6:13
`
`speak
`5:13
`
`split
`13:7,15
`
`spoken
`6:25
`
`stands
`11:3
`
`States
`9:15
`
`statutory
`7:25 8:3,
`
`11,19
`10:7
`
`Steve
`
`4:14
`
`Strawn
`
`4:7,8
`
`stuff
`6:13 14:1
`
`suggesting
`11:8
`
`supplementa
`l
`
`5:7,23
`8:23
`
`11:6,9
`13:24
`
`Thanksgivin
`g
`
`12:25
`
`United
`9:14
`
`unnecessari
`
`1?
`
`3:12
`
`thing
`13:10
`
`things
`8:11
`
`11:11
`
`time
`
`5:6 9:3,
`9,19,20
`
`10:2,7,17
`11:2
`13:18
`
`14:3,17,
`23,24
`
`today
`4:7
`
`top
`
`11:22
`
`Q ESQUIRE
`
`DEPOSIIION SOLUTIONS
`
`800.211.0EPO (3376)
`EsquireSolutions. com
`
`
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