`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APOTEX INC.
`Petitioner,
`v.
`UCB BIOPHARMA SPRL
`Patent Owner.
`U.S. Patent No. 8,633,194 to Fanara et al.
`Issue Date: January 21, 2014
`Title: Pharmaceutical Composition of Piperazine Derivatives
`Inter Partes Review No.: IPR2019-00400
`
`PETITIONER’S REQUEST FOR ORAL ARGUMENT
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`
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`Pursuant to 37 C.F.R. § 42.70(a) and the Revised Scheduling Order dated
`
`October 7, 2019 (Paper 21), Petitioner Apotex Inc. respectfully submits this
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`Request for Oral Argument. As set forth in the Revised Scheduling Order, the
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`Board has scheduled oral argument for April 22, 2020. Paper 21 at 9.
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`Petitioner specifies the following issues to be argued:
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`a.
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`The patentability of the challenged claims over the combination of
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`WO 2004/050094 (EX1007) and the Handbook (EX1006);
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`b.
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`The patentability of the challenged claims over the combination of
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`European Patent Application Publication No. 0605203 A2
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`(EX1004), U.S. Patent No. 5,698,558, (EX1015) and the
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`Handbook (EX 1006);
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`c. Any issues identified in Patent Owner’s Request for Oral Argument;
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`d. Rebuttal to Patent Owner’s presentation on all matters;
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`e. Any other issues raised in papers filed in this proceeding, including
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`issues raised in papers yet to be filed or filed concurrently; and
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`f.
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`Any additional issues on which the Board seeks information or
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`clarification.
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`Petitioner further requests permission to use audio/visual equipment at the
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`oral argument, including a computer, projector, and screen for displaying
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`demonstratives and/or exhibits. Petitioner requests equal time with Patent Owner
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`1
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`but, given the issues involved, proposes that thirty (30) minutes per side should
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`be sufficient for the Parties to present their respective arguments and discussion.
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`Date: March 5, 2020
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`RESPECTFULLY SUBMITTED,
`Katten Muchin Rosenman LLP
`/ Jitendra Malik /
`Jitendra Malik (Reg. No. 55,823)
`
`Lead Counsel for Petitioner
`Apotex, Inc.
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`2
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`
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`CERTIFICATION OF SERVICE ON PATENT OWNER
`Pursuant to 37 C.F.R. §§ 42.6(e), 42.8(b)(4), and 42.105, the undersigned
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`certifies that on March 5th, 2020, a complete copy of the foregoing Paper, were
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`served via email to the Patent Owner by serving the correspondence address of
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`record for the ’194 patent:
`
`James S. Trainor, Jr.
`Robert E. Counihan
`FENWICK & WEST LLP
`1211 Avenue of the Americas, 32nd Floor
`New York, NY 10036
`
`Erica R. Sutter
`FENWICK & WEST LLP
`801 California Street
`Mountain View, CA 94041
`
`Respectfully submitted,
`Katten Muchin Rosenman LLP
`By: /Jitendra Malik/
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`3
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