`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`MYLAN INSTITUTIONAL LLC and PFIZER INC.,
`Petitioners
`v.
`NOVO NORDISK A/S,
`Patent Owner
`
`
`Case No. IPR2020-003241
`U.S. Patent No. 8,114,833
`
`
`PETITIONERS’ REQUEST FOR ORAL ARGUMENT
`
`
`
`
`
`
`1
`IPR2020-01252 has been joined with this proceeding.
`
`
`
`
`Pursuant to 37 C.F.R. § 42.70(a) and the Board’s Scheduling Order,
`
`Petitioners Mylan Institutional LLC and Pfizer Inc. respectfully request oral
`
`argument, which is currently scheduled for March 26, 2021. Paper 15 at 10.
`
`Petitioners intend to argue the following issues:
`
`1.
`
`Any issues addressed by Petitioners, including those raised in the
`
`Petition for Inter Partes Review, Petitioner’s Reply, and any related exhibits,
`
`including issues relating to:
`
`•
`
`•
`
`•
`
`claim construction;
`
`the patentability of claims 1-15 of U.S. Patent No. 8,114,833 in
`
`light of Flink (WO 03/002136) (Grounds 1 and 2);
`
`the patentability of claims 1-31 of U.S. Patent No. 8,114,833 in
`
`light of Flink (WO 03/002136) and Betz (WO 04/004781)
`
`(Ground 3); and
`
`•
`
`Betz’s status as 35 U.S.C. § 102(e) prior art.
`
`2.
`
`Any issues properly raised by Patent Owner, including those raised in
`
`Patent Owner’s Response, Patent Owner’s Sur-Reply, and any related exhibits.
`
`3.
`
`4.
`
`Rebuttal to issues raised by Patent Owner.
`
`Any Motions to Exclude Evidence by Petitioners, as well as
`
`Oppositions and Replies thereto.
`
`5.
`
`Any Motions to Exclude Evidence by Patent Owner, as well as
`
`2
`
`
`
`Oppositions and Replies thereto.
`
`6.
`
`Any issues properly raised in Patent Owner’s Request for Oral
`
`Argument.
`
`7.
`
`Any other issues raised in papers filed in this proceeding or on which
`
`the Board seeks information or clarification.
`
`Petitioners request that each side have 45 minutes for oral argument. In light
`
`of the COVID-19 pandemic, Petitioners understand that oral argument will be
`
`conducted by video conference, subject to the Board’s guidance. In the event that
`
`the hearing is conducted in-person, Petitioners request the ability to use
`
`audio/visual equipment to display demonstrative exhibits, including the use of a
`
`projector and screen for a PowerPoint presentation.
`
`Dated: February 12, 2021
`
`
`
`
`
`
`/s/ Lara Dueppen
`Lara Dueppen
`Reg. No. 65,002
`Perkins Coie LLP
`1888 Century Park East Suite 1700
`Los Angeles, CA 90067
`ldueppen@perkinscoie.com
`Tel: 310-788-3349
`Fax: 310-843-1266
`
`Counsel for Petitioner Mylan
`Institutional LLC
`
`
`
`
`3
`
`
`
`Dated: February 12, 2021
`
`
`/s/ Michael W. Johnson
`Michael W. Johnson
`Reg. No. 63,731
`Willkie Farr & Gallagher LLP
`787 Seventh Avenue
`New York, NY 10019
`mjohnson1@willkie.com
`Telephone: (212) 728-8137
`Facsimile: (212) 728-8111
`
`Counsel for Petitioner Pfizer Inc.
`
`4
`
`
`
`CERTIFICATE OF SERVICE
`Pursuant to 37 C.F.R. § 42.6(e), I certify that I caused to be served a true and
`
`correct copy of the foregoing: PETITIONERS’ REQUEST FOR ORAL ARGUMENT
`
`by email to the electronic service addresses for Patent Owner and Petitioner Pfizer Inc.:
`
`Jeffrey Oelke
`Laura T. Moran
`Ryan P. Johnson
`FENWICK & WEST LLP
`joelke@fenwick.com
`laura.moran@fenwick.com
`ryan.johnson@fenwick.com
`Novo833IPR@fenwick.com
`
`Counsel for Patent Owner
`
`Jovial Wong
`Charles B. Klein
`Sharon Lin
`WINSTON & STRAWN
`PfizerIPRs@winston.com
`
`Thomas J. Meloro
`Michael W. Johnson
`WILLKIE FARR & GALLAGHER LLP
`tmeloro@willkie.com
`mjohnson1@willkie.com
`
`Counsel for Petitioner Pfizer Inc.
`
`Dated: February 12, 2021
`
`
`
`
`/s/ Lara Dueppen
`Lara Dueppen
`Reg. No. 65,002
`
`Counsel for Petitioner Mylan
`Institutional LLC
`
`5
`
`
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