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`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`__________________
`
`MYLAN PHARMACEUTICALS INC., DR. REDDY’S
`LABORATORIES, INC., DR. REDDY’S LABORATORIES, LTD., and
`SUN PHARMACEUTICALS INDUSTRIES LTD.,
`Petitioners,
`
`v.
`
`MERCK SHARP & DOHME CORP.,
`Patent Owner.
`__________________
`
`IPR2020-000401
`Patent 7,326,708
`__________________
`
`PATENT OWNER’S REQUEST FOR ORAL ARGUMENT
`
`
`
`1 Dr. Reddy’s Laboratories, Inc. and Dr. Reddy’s Laboratories, Ltd. were joined as
`parties to this proceeding via a Motion for Joinder in IPR2020-01060; and Sun
`Pharmaceuticals Industries Ltd. was joined as a party to this proceeding via Motion
`for Joinder in IPR2020-01072.
`
`
`
`
`
`
`
`Pursuant to 37 C.F.R. § 42.70 and DUE DATE 4 of the Board’s Amended
`
`Case IPR2020-00040 | Patent 7,326,708
`
`Scheduling Order (Paper 39), Patent Owner Merck Sharp & Dohme Corp.
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`respectfully requests oral argument, which is currently scheduled to take place on
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`February 11, 2021. Patent Owner specifies, without intent to waive consideration
`
`of any issue not listed below, the following issues for argument:
`
`1.
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`Patentability of the challenged claims, including but not limited to all
`
`issues raised in the Petition, Patent Owner’s Preliminary Response, Patent Owner’s
`
`Response, Petitioner’s Reply, and Patent Owner’s Sur-reply; the declarations of
`
`Dr. Mukund Chorghade, Dr. Allan S. Myerson, Dr. Adam J. Matzger, Vicky
`
`Vydra, Dr. Robert Wenslow, Russell R. Ferlita, Joanne Diddle, Dr. Gary Herman,
`
`Stephen Howard Cypes, Dr. Karl B. Hansen, and Dr. Rebecca Leigh Shultz; as
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`well as all other exhibits filed in this proceeding;
`
`2.
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`3.
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`Any motion to exclude filed in this proceeding;
`
`Any additional issues identified in Petitioners’ request for oral
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`argument; and
`
`4.
`
`Any additional issues identified by the Board.
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`REQUESTED ARGUMENT DURATION
`
`Patent Owner has met and conferred with Petitioners and the parties agree
`
`that each side should be allotted one (1) hour to present their respective arguments,
`
`for a total argument time of two (2) hours.
`
`1
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`
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`EQUIPMENT REQUEST & VENUE
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`Case IPR2020-00040 | Patent 7,326,708
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`Patent Owner requests audiovisual equipment to display demonstrative
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`exhibits, including equipment necessary to allow the exhibits to be viewed by any
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`Judge participating remotely. Patent Owner acknowledges that according to the
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`Board’s Scheduling Order (Paper 22), oral argument will be held at the U.S. Patent
`
`& Trademark Office headquarters in Alexandria, Virginia, but that in light of the
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`ongoing COVID-19 pandemic and the Board’s March 13, 2020 notice
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`(https://www.uspto.gov/about-us/news-updates/uspto-update-person-meetings), the
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`oral argument will be conducted remotely by video or telephone. Patent Owner
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`does not request a different venue, but would prefer an in-person argument, should
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`one become feasible. Should the parties be unable to present oral argument in
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`person, Patent Owner respectfully requests that oral argument be conducted by
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`videoconference (e.g., Webex ) rather than teleconference, if possible.
`
`
`Date: December 30, 2020
`
`
`
`
`
`Respectfully submitted,
`
`/Stanley E. Fisher/
`Stanley E. Fisher (Reg. No. 55,820)
`Bruce R. Genderson (Pro Hac Vice)
`David M. Krinsky (Reg. No. 72,339)
`Elise M. Baumgarten (Pro Hac Vice)
`Alexander S. Zolan (Pro Hac Vice)
`Shaun P. Mahaffy (Reg. No. 75,534)
`Anthony H. Sheh (Reg. No. 70,576)
`WILLIAMS & CONNOLLY LLP
`725 Twelfth Street, N.W.
`Washington, DC 20005
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`2
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`
`
`
`
`
`
`
`Case IPR2020-00040 | Patent 7,326,708
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`T: (202) 434-5000
`F: (202) 434-5029
`sfisher@wc.com
`bgenderson@wc.com
`dkrinsky@wc.com
`ebaumgarten@wc.com
`azolan@wc.com
`smahaffy@wc.com
`asheh@wc.com
`
`Counsel for Patent Owner
`Merck Sharp & Dohme Corp.
`
`
`
`3
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`
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`Case IPR2020-00040 | Patent 7,326,708
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`CERTIFICATION UNDER 37 C.F.R. § 42.24(d)
`
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned hereby certifies that a true
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`and correct copy of the foregoing was served on December 30, 2020, by delivering
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`a copy via electronic mail on the following attorneys of record:
`
`Jitendra Malik
`Alissa M. Pacchioli
`Christopher W. West
`Heike S. Radeke
`KATTEN MUCHIN ROSEMAN LLP
`550 South Tryon, Street Suite 2900
`Charlotte, NC 28202-4213
`(704) 444-2000
`jitty.malik@kattenlaw.com
`alissa.pacchioli@kattenlaw.com
`christopher.west@katten.com
`heike.radeke@katten.com
`
`Jovial Wong
`Charles B. Klein
`Claire A. Fundakowski
`Zachary B. Cohen
`WINSTON & STRAWN LLP
`1901 L. Street, N.W.
`Washington, D.C. 20036
`(202) 282-5000
`Sunipr@winston.com
`
`
`
`
`
`
`Russell W. Faegenburg
`Tedd W. Van Buskirk
`Michael H. Teschner
`LERNER, DAVID, LITTENBERG,
`KRUMHOLZ & MENTLIK, LLP
`20 Commerce Drive
`Cranford, New Jersey 07016
`(908) 518-6367
`Rfaegenburg.ipr@ldlkm.com
`Tvanbuskirk@lernerdavid.com
`litigation@lernerdavid.com
`MTeschner.ipr@ldlkm.com
`
`
`
`
`/Stanley E. Fisher/
`Stanley E. Fisher
`Reg. No. 55,820
`
`
`
`
`
`4
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`
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