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`______________________________
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`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_______________________________
`
`
`NEPTUNE GENERICS LLC,
`Petitioner
`
`v.
`
`CORCEPT THERAPEUTICS, INC.
`Patent Owner
`
`_______________________________
`
`Case IPR2018-01494
`U.S. Patent No. 8,921,348
`_______________________________
`
`
`PETITIONER’S REQUEST FOR ORAL ARGUMENT
`
`
`
`
`
`
`
`
`
`Pursuant to 37 C.F.R. § 42.70(a), the Scheduling Order entered on February
`
`15, 2019, (Paper No. 12), and the Revised Scheduling Order (Paper No. 23),
`
`Petitioner Neptune Generics, LLC (“Neptune”) respectfully requests the oral
`
`argument as currently scheduled in IPR2018-01494 (“the 494 IPR”) for November
`
`19, 2019. Without intending to waive any issue not specifically identified, Neptune
`
`identifies below the issues to be argued:
`
`1. The obviousness of claims 1, 2, 4, 6 and 7 under 35 U.S.C §103 over
`
`U.S. Patent Application Publication No. US2004/0029848 to Belanoff
`
`(“Belanoff ‘848”) (Ex. 1024).
`
`2. The obviousness of claims 1, 2, 4, 6 and 7 under 35 U.S.C §103 over
`
`Belanoff 2002 (Ex. 1007) in view of Chu and Belanoff (Ex. 1023) and
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`Sitruk-Ware (Ex. 1008).
`
`3. The obviousness of claim 3 under 35 U.S.C §103 over Belanoff 2002
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`(Ex. 1007) in view of Chu and Belanoff (Ex. 1023) and Sitruk-Ware
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`(Ex. 1008), further in view of U.S. Patent No. 6,964,953 B2 to
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`Belanoff (“Belanoff ‘953”) (Ex. 1010).
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`4. The obviousness of claim 5 under 35 U.S.C §103 over Belanoff 2002
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`(Ex. 1007) in view of Chu and Belanoff (Ex. 1023) and Sitruk-Ware
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`(Ex. 1008), further in view of Murphy (Ex. 1006).
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`
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`1
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`
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`5. The obviousness of claim 3 under 35 U.S.C §103 over Belanoff ‘848
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`(Ex. 1024), further in view of Belanoff ‘953 (Ex. 1010).
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`6. The obviousness of claim 3 under 35 U.S.C §103 over Belanoff ‘848
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`(Ex. 1024), further in view of Murphy (Ex. 1006).
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`7. Any issues, exhibits, or factual matters raised in the original Petition
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`for the ‘494 IPR (Paper No. 1).
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`8. Any issues, exhibits, or factual matters raised in the Board’s Decision
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`to institute the ‘494 IPR (Paper No. 11).
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`9. Any issues, exhibits, or factual matters raised in Patent Owner’s
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`Response in the ‘494 IPR (Paper No. 24).
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`10. Any issues, exhibits, or factual matters raised in Petitioner’s Reply in
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`the ‘494 IPR (Paper No. 29).
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`11. Any issues, exhibits, or factual matters raised in Patent Owner’s Sur-
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`Reply in the ‘494 IPR (Paper No. 30).
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`12. Any issues specified by Patent Owner in a Request for Oral
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`Argument, but only to the extent the Board grants that Request on
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`those issues.
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`Neptune requests sixty (60) minutes of time to address the issues. Should
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`Patent Owner be granted more time, however, Neptune requests an equal amount
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`of time as Patent Owner be allocated for Neptune.
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`2
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`Neptune reserves the right for rebuttal. Neptune will inform the Board of its
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`specific allocation of time for its opening and rebuttal at the beginning of the oral
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`argument.
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`
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`Neptune also requests the ability to use computers at counsel’s table
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`to display demonstrative exhibits, and respectfully requests that the PTAB provide
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`a projector with VGA and HDMI connections for that purpose.
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`
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`Dated: October 18, 2019
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`
`
`
`
`
`
`
`
`
`
`
`
` By: /Christopher L. May/
`Christopher L. May (Reg. No. 53,286)
`Massey & Gail LLP
`1000 Maine Avenue S.W., Suite 450
`Washington, DC 20024
`Tel: 312-283-1590
`Fax: 312-379-0467
`cmay@masseygail.com
`
`Counsel for Petitioner
`Neptune Generics LLC
`
`3
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`
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`CERTIFICATE OF SERVICE
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`
`
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that the foregoing
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`Petitioner’s Request for Oral Argument was served on October 18, 2019 by
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`electronic mail to Patent Owner’s Lead and Backup Counsel at the following email
`
`addresses:
`
`Robert Steinberg (Reg. No. 33,144)
`bob.steinberg@lw.com
`Latham & Watkins LLP
`555 Eleventh Street N.W., Suite 1000
`Washington, D.C. 20004-1304
`Tel: 202-637-2301
`Fax: 202-637-2201
`
`David P. Frazier (Reg. No. 47,576)
`david.frazier@lw.com
`Latham & Watkins LLP
`555 Eleventh Street N.W., Suite 1000
`Washington, D.C. 20004-1304
`Tel: 202-637-2259
`Fax: 202-637-2201
`
`
`
`
`
`
`
`
`
`
`
`
` By: /Christopher L. May/
`Christopher L. May (Reg. No. 53,286)
`Massey & Gail LLP
`1000 Maine Avenue S.W., Suite 450
`Washington, DC 20024
`Tel: 312-283-1590
`Fax: 312-379-0467
`cmay@masseygail.com
`
`Counsel for Petitioner
`Neptune Generics LLC
`
`4
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