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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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`KVK-Tech, Inc.,
`Petitioner,
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`v.
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`Shire LLC,
`Patent Owner.
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`Case IPR2018-00293
`Patent 9,173,857
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`PETITIONER’S REQUEST FOR ORAL ARGUMENT
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`Patent Trial and Appeal Board
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`1
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`Pursuant to the Board’s July 10, 2018, Scheduling Order (Paper 14),
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`Petitioner respectfully requests oral argument, currently scheduled for April 4, 2019.
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`Petitioner requests one hour in which to present its arguments. Under 37 C.F.R. §
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`42.70, and without intending to waive any issue not specifically identified, Petitioner
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`specifies the following issues to be argued:
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`1. Whether claims 1-29 are unpatentable over the asserted art;
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`2. Whether claims 1-29 are obvious over Burnside (US 6,605,300 and
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`RE41,148) alone or combined with prior art related to Adderall XR;
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`3. Whether certain elements of claims 1-29 are inherent in the prior art,
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`including but not limited to, the pharmacokinetic elements and the no food
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`effect element;
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`4. Patent Owner’s defenses, including but not limited to, whether there was
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`reasonable expectation of success, teaching away and secondary
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`considerations;
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`5. Any issues specified by Patent Owner in its Request for Oral Argument;
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`6. Any other issues the Board deems necessary for issuing a final written
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`decision (e.g., any motion to exclude evidence, any motion to strike briefs,
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`and any motion to seal evidence).
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`Petitioner also requests that the Board provide audio-visual equipment to
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`display demonstrative exhibits, including a projector and screen for displaying
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`documents from a computer.
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`2
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`Further, Petitioner requests that the hearing be held at the USPTO’s
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`Alexandria, Virginia office.
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`Dated: March 7, 2019
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`Respectfully submitted,
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`
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`/s/Steven Roth/
`Steven Roth, PTO Reg. No. 47,039
`Lucas & Mercanti, LLP
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`3
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that, pursuant to 37 C.F.R. §§ 42.6(e) a
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`copy of the foregoing PETITIONER’S REQUEST FOR ORAL ARGUMENT
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`was served electronically via email on March 7, 2019 on the following:
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`Joseph R. Robinson
`Troutman Sanders LLP
`875 Third Avenue
`New York, NY 10022
`joseph.robinson@troutmansanders.com
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`Dustin B. Weeks
`Troutman Sanders LLP
`Bank of America Plaza
`600 Peachtree Street NE, Suite 5200
`Atlanta, GA 30308-2231
`dustin.weeks@troutmansanders.com
`
`Robert Schaffer
`Troutman Sanders LLP
`875 Third Avenue New
`York, NY 10022
`robert.schaffer@troutmansanders.com
`Patent Owner has consented to electronic service.
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`Date: March 7, 2019
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`
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`By:
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`
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`/Steven Roth/
`Steven Roth
`Reg. No. 47,039
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`4
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