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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`_______________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`_______________________
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`AQUESTIVE THERAPEUTICS, INC.
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`Petitioner
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`v.
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`NEURELIS, INC.
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`Patent Owner
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`_______________________
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`Case: IPR2019-00451
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`U.S. Patent No. 9,763,876
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`______________________
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`PETITIONER’S
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`REQUEST FOR ORAL ARGUMENT
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`IPR2019-00451
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`U.S. Patent No. 9,763,876
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`PETITIONER’S REQUEST FOR ORAL ARGUMENT
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`
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`Pursuant to 37 C.F.R § 42.70 and the Scheduling Order (Paper 9), Petitioner
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`Aquestive Therapeutics, Inc. respectfully requests oral argument in connection
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`with IPR2019-00451, currently scheduled for Thursday, May 14, 2020 in the
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`USPTO headquarters in Alexandria. Petitioner requests sixty (60) minutes in
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`which to present its arguments.
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`If the oral argument is held by video conference, Petitioner respectfully
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`requests that the video conference provide the ability for the participants to display
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`demonstrative exhibits and documents of record to all participants.
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`If the oral argument is held in person at USPTO headquarters in Alexandria
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`or elsewhere, Petitioner respectfully requests that the Board make available audio-
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`visual equipment, including a projector to be connected to a laptop and an ELMO,
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`to display demonstrative exhibits and documents of record.
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`In accordance with 37 C.F.R § 42.70 and without intending to waive any
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`issue not specifically identified, Petitioner specifies the following issues to be
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`argued:
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`
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`1.
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`That the claims of U.S. Patent No. 9,763,876 are not patentable over
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`the applied art on the grounds presented in the Petition (Paper 3) as summarized
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`below.
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`1
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`IPR2019-00451
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`
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`Ground
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` 1
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` 2
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`U.S. Patent No. 9,763,876
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`Basis
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`35 U.S.C. § 103(a)
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`Claims Challenged
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`1-16, 24-36
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`35 U.S.C. § 103(a)
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`17-23
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`References
`Gwozdz
`(EX1014)
`&
`Meezan’962
`(EX1011)
`Gwozdz
`(EX1014)
`&
`Meezan’962
`(EX1011)
`&
`Cartt’784
`(EX1015)
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`2.
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`That a POSITA would have been motivated to combine the applied
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`references and would have had a reasonable expectation of success in so doing.
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`Any issues raised by Patent Owner in its Request for Oral Argument.
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`Any issues raised by the Board in its Decision (Paper 8).
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`Rebuttal to Patent Owner’s oral argument and presentation on all
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`4.
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`5.
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`6.
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`matters.
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`7.
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`Any objections to evidence, and any motions to exclude and
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`oppositions thereto.
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`8.
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`Patent Owner’s contentions (Paper 26) alleging the presence of new or
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`improper arguments in Petitioner’s Reply and/or in Wermeling Declaration.
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`2
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`IPR2019-00451
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`9.
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`U.S. Patent No. 9,763,876
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`Any other issues that the Board deems necessary for issuing a final
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`written decision.
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`Dated: March 31, 2019.
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`/Michael I. Chakansky/
`Michael I. Chakansky (Reg. No. 31,600)
`Hoffmann & Baron, LLP
`4 Century Drive
`
`Parsippany, N.J. 07054
`mchakansky@hbiplaw.com
`Tel: 973.331.1700
`
`
`
`First Backup Counsel for
`Petitioner Aquestive Therapeutics, Inc.
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`
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`3
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`IPR2019-00451
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`U.S. Patent No. 9,763,876
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`CERTIFICATE OF SERVICE
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`
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`I hereby certify that on this the 31st day of March 2020, the foregoing
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`PETITIONER’S REQUEST FOR ORAL ARGUEMNT was served in its entirety
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`on the following counsel of record by electronic service by email at the email
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`addresses as set forth below.
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` Jeffrey Guise
`Richard Torczon
`Lorelei Westin
`Lee Johnson
`Nathaniel Leachman
`Alina L. Litoshyk
`Wendy Devine
`WILSON SONSINI GOODRICH & ROSATI
`jguise@wsgr.com
`rtorczon@wsgr.com
`lwestin@wsgr.com
`ljohnson@wsgr.com
`nleachman@wsgr.com
`alitoshyk@wsgr.com
`wdevine@wsgr.com
`35401.652.palib1@matters.wsgr.com
`
`
`
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`By:
`/Michael I. Chakansky/
`
`
`Michael I. Chakansky (Reg. No. 31,600)
`
`
`Hoffmann & Baron, LLP
`
`
`4 Century Drive
`
`
`
`Parsippany, N.J. 07054
`
`
`mchakansky@hbiplaw.com
`
`
`Tel: 973.331.1700
`
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`4
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