Trials@uspto.gov
`571.272.7822
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`Paper 46
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` Entered: February 10, 2020
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`DR. REDDY’S LABORATORIES S.A. and DR. REDDY’S
`LABORATORIES, INC.,
`Petitioners,
`
`v.
`
`INDIVIOR UK LIMITED,
`Patent Owner.
`
`
`
`
`Case IPR2019-00329
`Patent No. 9,687,454 B2
`
`
`
`
`Before SUSAN L. C. MITCHELL, ZHENYU YANG, and RICHARD J.
`SMITH, Administrative Patent Judges.
`
`SMITH, Administrative Patent Judge.
`
`
`
`
`
`
`
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
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`
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`
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`571.272.7822
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`Paper 46
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`
`
` Entered: February 10, 2020
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`
`
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`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`DR. REDDY’S LABORATORIES S.A. and DR. REDDY’S
`LABORATORIES, INC.,
`Petitioners,
`
`v.
`
`INDIVIOR UK LIMITED,
`Patent Owner.
`
`
`
`
`Case IPR2019-00329
`Patent No. 9,687,454 B2
`
`
`
`
`Before SUSAN L. C. MITCHELL, ZHENYU YANG, and RICHARD J.
`SMITH, Administrative Patent Judges.
`
`SMITH, Administrative Patent Judge.
`
`
`
`
`
`
`
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`
`IPR2019-00329 (Patent 9,687,454 B2)
`
`
`Pursuant to our scheduling order, oral argument is scheduled to
`
`proceed on March 3, 2020, if requested by the parties. Paper 22. Petitioner
`
`and Patent Owner have both requested oral argument. Papers 43, 44. The
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`requests are granted pursuant to the terms set forth below.
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`The oral argument will commence at 1:00 PM EST on Tuesday,
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`March 3, 2020, at the USPTO headquarters in Alexandria, Virginia
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`(Hearing Room B). The oral argument will be open to the public for in-
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`person attendance, which will be accommodated on a first-come, first-served
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`basis.
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`Petitioner requests a total of no more than 60 minutes of argument
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`time per side. Paper 43. Patent Owner requests a total of 45 minutes of
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`argument time per side. Paper 44, 2. Each party will have 45 minutes total
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`time to present arguments.
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`The Board will provide a court reporter for the oral argument, and the
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`reporter’s transcript will constitute the official record of the oral argument.
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`The parties are directed to contact the Board at least 10 days in advance of
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`the hearing if there are any concerns about disclosing confidential
`
`information. To facilitate planning, each party must send an email message
`
`to PTABHearings@uspto.gov five days prior to the hearing if the number
`
`planning to attend the hearing in-person for its side (attorneys and others)
`
`exceeds five people.
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`Petitioner bears the ultimate burden of proof that Patent Owner’s
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`patent claims at issue are unpatentable. Therefore, at oral argument,
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`Petitioner will proceed first to present its case with respect to the pending
`
`grounds of unpatentability. Petitioner may reserve some of its argument
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`time for rebuttal, but may not reserve more than half of its allotted time for
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`rebuttal. Patent Owner will then respond to Petitioner’s initial presentation.
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`2
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`
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`IPR2019-00329 (Patent 9,687,454 B2)
`
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`Petitioner may then use the time it has reserved to reply to Patent Owner’s
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`presentation. Patent Owner is permitted the opportunity to present a brief
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`sur-rebuttal if requested at the hearing.
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`The parties shall serve any demonstrative exhibits on opposing
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`counsel at least seven business days before the hearing (i.e. by February 21,
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`2020). 37 C.F.R. § 42.70. The parties shall also provide a courtesy copy of
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`any demonstrative exhibits to the Board by February 26, 2020, by emailing
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`them to Trials@uspto.gov. Notwithstanding 37 C.F.R. § 42.70(b), the
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`parties shall not file any demonstrative exhibits in this proceeding without
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`prior authorization from the Board. Each party shall also provide a hard
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`copy of its demonstrative exhibits to the court reporter and panel at the
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`hearing.
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`Demonstrative exhibits are not evidence, but merely a visual aid
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`for use at the hearing, and should be clearly marked as such. For
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`example, each slide of the demonstratives may be marked with the
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`words “DEMONSTRATIVE EXHIBIT – NOT EVIDENCE” in the
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`footer. Demonstrative exhibits shall not introduce new arguments or
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`evidence. The parties shall meet and confer in good faith to discuss any
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`objections to demonstrative exhibits at least three (3) business days before
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`the hearing. If any issues regarding demonstratives remain unresolved after
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`the parties meet and confer, the parties shall jointly file a one-page list of
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`objections to the demonstrative exhibits with the Board by February 27,
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`2020. For each objection, the list must identify with particularity the
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`demonstratives subject to the objection and include a short, one-sentence
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`statement explaining the objection. We will consider the objections and
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`schedule a conference call if necessary. Otherwise, the Board will reserve
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`ruling on the objections until after the oral argument. Any objection to
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`3
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`
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`IPR2019-00329 (Patent 9,687,454 B2)
`
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`demonstrative exhibits that is not timely presented will be considered
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`waived.
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`Regardless of whether either party disputes the propriety of any
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`demonstrative exhibit, we consider demonstrative exhibits only to the extent
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`(1) they elucidate the parties’ arguments presented during the hearing and
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`(2) they include only arguments and/or evidence already of record in the
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`proceeding. The parties are directed to St. Jude Medical, Cardiology
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`Division, Inc. v. The Board of Regents of the University of Michigan,
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`IPR2013-00041, Paper 65 (PTAB Jan. 27, 2014), for guidance regarding the
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`appropriate content of demonstrative exhibits.
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`The parties are advised that at least one member of the panel will be
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`attending the hearing from a remote location. The parties are reminded that
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`the presenter must identify clearly and specifically each demonstrative
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`exhibit (e.g., by slide or screen number) referenced during the hearing to
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`ensure the clarity and accuracy of the reporter’s transcript and the ability of
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`the judge participating remotely to follow the presenter’s arguments. The
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`parties should note that the remote judge will not be able to see what is
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`projected on the screen in the hearing room.
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`The Board expects lead counsel for each party to be present at oral
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`hearing, although any backup counsel may make the actual presentation, in
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`whole or in part. If either party expects that its lead counsel will not be
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`attending the oral hearing, the Board should be notified via a joint telephone
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`conference call no later than two business days before the oral hearing to
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`discuss the matter.
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`The parties may request the use of audio-visual equipment during the
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`oral hearing. Formal requests are to be made by February 26, 2020, and
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`4
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`
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`IPR2019-00329 (Patent 9,687,454 B2)
`
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`should be sent to Trials@uspto.gov. If the request is not timely, the
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`equipment may not be available on the day of the hearing.
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` If a party requires a different arrangement, the party should contact
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`the Board as directed below with their request. For example, a party may
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`request that counsel be permitted to present arguments remotely from an
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`alternative USPTO location. The available locations include the Texas
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`Regional Office in Dallas, Texas; the Rocky Mountain Regional Office in
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`Denver, Colorado; the Elijah J. McCoy Midwest Regional Office in Detroit,
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`Michigan; and the Silicon Valley Office in San Jose, CA. To request that
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`counsel be permitted to present arguments from a remote location, a party
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`should send an email message to PTABHearings@uspto.gov at least ten
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`business days or as soon as practical prior to the hearing and provide a short
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`statement of reasons for the request. The Board will notify the parties if the
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`request is approved.
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`Approval of the request does not guarantee that a panel member will
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`be present at the remote location. A party may also request remote video
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`attendance for one or more of its other attendees to view the hearing from
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`any USPTO location. To request remote video viewing, a party must send
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`an email message to PTABHearings@uspto.gov ten business days prior to
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`the hearing, indicating the requested location and the number planning to
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`view the hearing from the remote location. The Board will notify the parties
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`if the request for remote video viewing is granted. Note that it may not be
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`possible to grant the request due to the availability of resources.
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`Any special requests for audio-visual equipment should be directed to
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`PTABHearings@uspto.gov. A party may also indicate any special requests
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`related to appearing at an in-person oral hearing, such as a request to
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`accommodate physical needs that limit mobility or visual or hearing
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`5
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`
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`IPR2019-00329 (Patent 9,687,454 B2)
`
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`impairments, and indicate how the PTAB may accommodate the special
`
`request. Any special requests must be presented in a separate
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`communication not less than five (5) days before the hearing.
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`
`
`
`
`PETITIONER:
`
`Ira J. Levy
`ilevy@goodwinprocter.com
`
`Robert Frederickson
`rfrederickson@goodwinprocter.com
`
`
`PATENT OWNER:
`
`David Garr
`dgarr@cov.com
`
`Peter Chen
`pchen@cov.com
`
`
`6
`
`
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