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`IPR2020-01649
`Paper No. 21
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
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`EDWARDS LIFESCIENCES CORPORATION and
`EDWARDS LIFESCIENCES LLC,
`
`Petitioners,
`
`v.
`
`COLIBRI HEART VALVE, LLC,
`
`Patent Owner.
`
`____________
`
`Case IPR2020-01649
`
`U.S. Patent No. 9,125,739
`
`____________
`
`
`
`
`PETITIONERS’ REQUEST FOR ORAL HEARING
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`
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`IPR2020-01649
`Paper No. 21
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`Pursuant to 37 C.F.R. § 42.70, Edwards Lifesciences Corporation and
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`Edwards Lifesciences LLC (“Petitioners”) submit this Request for Oral Hearing on
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`the instituted grounds of unpatentability for claims 1-5 of U.S. Patent No. 9,125,739
`
`under 35 U.S.C. § 103 and associated issues. Petitioners also request rebuttal to
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`respond to all issues raised by Patent Owner’s presentation.
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`Petitioners intend to discuss the issues raised in the parties’ filings under the
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`ongoing review, including but not limited to, the following items:
`
`1.
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`Any issues addressed by Petitioners, including in the Petition for Inter
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`Partes Review and Reply, including the patentability of claims 1-5 of
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`U.S. Patent No. 9,125,739.
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`2.
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`Any issues properly raised by Patent Owner, including in Patent Owner
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`Response and Sur-reply.
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`3.
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`Rebuttal to issues raised by Patent Owner, including in any Response,
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`Sur-reply, motion to exclude or request for oral argument.
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`4.
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`Any other issues related to invalidity that the Board deems necessary
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`for issuing a final written decision.
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`Petitioners propose that each side be allotted one hour total for oral argument,
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`with the opportunity to reserve time for rebuttal for Petitioners. Petitioners will
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`present argument first, followed by Patent Owner’s arguments, and then followed
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`by any time reserved by Petitioners for rebuttal.
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`1
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`IPR2020-01649
`Paper No. 21
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`Furthermore, in view of the USPTO’s update on oral hearings scheduled to
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`take place at USPTO offices on or after Friday, March 13, 2020, Petitioners intend
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`to participate via remote video and/or telephone. Petitioners request the ability to use
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`audio/visual equipment to display demonstratives and exhibits at the oral hearing, to
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`the extent available at the time of the hearing.
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`
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`If the Board decides to hold an in-person hearing, Petitioners request that two
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`spaces be reserved for counsel at counsel’s table and three additional spaces be
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`reserved in the hearing room to accommodate additional counsel and corporate
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`representatives. Petitioners also request that the attorneys at Petitioners’ counsel
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`table be allowed to use computers.
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`Finally, Petitioners note that IPR2020-01454, which Petitioners joined by way
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`of IPR2021-00775, is also directed at the patentability of claims 1-5 of U.S. Patent
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`No. 9,125,739. Oral argument has been requested in IPR2020-01454 (Paper Nos.
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`20-21 in IPR2020-01454), and the Scheduling Order in IPR2020-01454 and in this
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`case set oral argument (if requested) for December 8, 2021. Petitioners in this
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`proceeding request that oral argument be scheduled back-to-back with oral argument
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`in IPR2020-01454, with IPR2020-01454 to proceed first, followed by IPR2020-
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`01649.
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`Dated: October 29, 2021
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` Respectfully submitted,
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`/s/ Brian P. Egan
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`2
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`IPR2020-01649
`Paper No. 21
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` Brian P. Egan (Reg. No. 54,866)
`Megan E. Dellinger (admitted Pro Hac Vice)
`Morris, Nichols, Arsht & Tunnell LLP
`1201 North Market Street
`P.O. Box 1347
`Wilmington, DE 19899-1347
`Email: began@morrisnichols.com
`Telephone: 302-351-9454
`Facsimile: 302-498-6216
`
`Gregory S. Cordrey (Reg. No. 44,089)
`Jeffer Mangels Butler & Mitchell, LLP
`3 Park Plaza, Suite 1100
`Irvine, CA 92614
`Email: gcordrey@jmbm.com
`Telephone: 949-623-7200
`Facsimile: 949-623-7201
`
`Attorneys for Petitioners Edwards
`Lifesciences Corporation and Edwards
`Lifesciences LLC
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`3
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`IPR2020-01649
`Paper No. 21
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`CERTIFICATE OF SERVICE
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`The undersigned certifies that the foregoing PETITIONERS’ REQUEST
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`FOR ORAL HEARING was served in its entirety by filing through the Patent Trial
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`and Appeal Board End to End (PTAB E2E), as well as providing a courtesy copy
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`via e-mail to the following attorneys of record listed below:
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`Back-up Counsel
`Lead Counsel
`Paul J. Skiermont
`Sarah E. Spires
`Pro Hac Vice
`Registration No: 61,501
`SKIERMONT DERBY LLP
`SKIERMONT DERBY LLP
`1601 Elm Street, Suite 4400
`1601 Elm Street, Suite 4400
`Dallas, Texas 75201
`Dallas, Texas 75201
`Tel: (214) 978-6600
`Tel: (214) 978-6600
`Fax: (214) 978-6601
`Fax: (214) 978-6601
`pskiermont@skiermontderby.com
`sspires@skiermontderby.com
`
`
`Counsel for Patent Owner Colibri Heart Valve LLC
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`
`
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`
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`Dated: October 29, 2021
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`Respectfully submitted,
`
`By: /s/ Brian P. Egan____________
`Brian P. Egan (Reg. No. 54,866)
`Counsel for Petitioners
`
`
`
`
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