`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MYLAN PHARMACEUTICALS INC., CELLTRION, INC.,
`and APOTEX, INC.,
`Petitioners
`
`v.
`
`REGENERON PHARMACEUTICALS, INC.
`Patent Owner
`
`____________
`
`Case IPR2021-008801
`Patent No. 9,669,069 B2
`____________
`
`PATENT OWNER’S REQUEST FOR ORAL ARGUMENT
`PURSUANT TO 37 C.F.R. § 42.70(a)
`
`1 IPR2022-00257 and IPR2022-00301 have been joined with this proceeding.
`
`
`
`IPR2021-00880
`U.S. Patent No. 9,669,069 B2
`
`Pursuant to 37 C.F.R. § 42.70(a) and the Board’s Revised Scheduling Order
`
`dated March 23, 2022 (Paper 45), Patent Owner Regeneron Pharmaceuticals, Inc.
`
`(“Patent Owner”) hereby submits this Request for Oral Argument on issues related
`
`to the patentability of claims 1 and 8-12 of U.S. Patent No. 9,669,069 B2. Patent
`
`Owner intends to discuss the issues raised in the parties’ papers in this proceeding
`
`and the Board’s Institution Decision dated November 10, 2021 (Paper 21), as well
`
`as any other issues the Board deems necessary for issuing a Final Written Decision.
`
`The Board has scheduled an Oral Argument for August 10, 2022 for this
`
`proceeding as well as a related proceeding (IPR2021-00881). See Paper 45, 5.
`
` Patent Owner requests that Oral Argument to take place in-person at
`
`USPTO’s headquarters in Alexandria, Virginia. Patent Owner further respectfully
`
`requests that the Board permits in-house counsel to attend the hearing remotely or
`
`in-person. Patent Owner expects a significant number of in-person attendees and
`
`kindly requests Hearing Room A. The parties will advise the Board as to any
`
`audio/video request as soon as practicable.
`
`Patent Owner requests that the Board allot 1 hour per proceeding divided
`
`equally between the parties (30 minutes per side) with argument on IPR2021-00880
`
`preceding argument on IPR2021-00881. Patent Owner understands that Petitioner
`
`intends to seek rebuttal time. Assuming it does so, Patent Owner requests the ability
`
`to reserve a portion of its time in this proceeding for sur-rebuttal arguments after
`
`–1–
`
`
`
`IPR2021-00880
`U.S. Patent No. 9,669,069 B2
`
`Petitioner’s rebuttal. See November 2019 Consolidated Trial Practice Guide, 83.
`
`Patent Owner understands that Petitioner intends to request that oral
`
`argument be consolidated for both proceedings and limited to 90-minutes total.
`
`Petitioner’s request is inappropriate for these proceedings. The arguments, as well
`
`as the records, in IPR2021-00880 and IPR2021-00881 are significantly different.
`
`For example, IPR2021-00881 has arguments addressing claim construction,
`
`obviousness, and objective indicia that are either very different from or nonexistent
`
`in IPR2021-00880. IPR2021-00881 also has declarations from two experts that did
`
`not provide testimony in IPR2021-00880 and over 200 additional exhibits that are
`
`not in the record in IPR2021-00880. Moreover, reduction of time below the
`
`customary 30-minutes per side for each proceeding would not permit adequate time
`
`for Patent Owner to address the issues in each proceeding. See November 2019
`
`Consolidated Trial Practice Guide, 81. Patent Owner believes that consolidation of
`
`the argument would lead to potential confusion in the record and would be
`
`prejudicial to Patent Owner.
`
`–2–
`
`
`
`Dated: July 8, 2022
`
`Respectfully Submitted,
`
`IPR2021-00880
`U.S. Patent No. 9,669,069 B2
`
`/s/ Deborah E. Fishman
`Deborah E. Fishman (Reg. No. 48,621)
`3000 El Camino Real #500
`Palo Alto, CA 94304
`
`Counsel for Patent Owner,
`Regeneron Pharmaceuticals, Inc.
`
`–3–
`
`
`
`IPR2021-00880
`U.S. Patent No. 9,669,069 B2
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that on July 8, 2022, a true and entire copy of this
`
`PATENT OWNER’S REQUEST FOR ORAL ARGUMENT PURSUANT TO
`
`37 C.F.R. § 42.70(a) was served via e-mail to the Petitioners at the following email
`
`addresses:
`
`MYL_REG_IPR@rmmslegal.com
`paul@ rmmslegal.com
`wrakoczy@ rmmslegal.com
`dmazzochi@rmmslegal.com
`hsalmen@ rmmslegal.com
`jmarx@rmmslegal.com
`ehunt@rmmslegal.com
`nmclaughlin@rmmslegal.com
`sbeall@rmmslegal.com
`tehrich@rmmslegal.com
`sbirkos@rmmslegal.com
`lgreen@wsgr.com
`ychu@wsgr.com
`rcerwinski@geminilaw.com
`azalcenstein@geminilaw.com
`bmorris@geminilaw.com
`TRea@Crowell.com
`Dyellin@Crowell.com
`SLentz@Crowell.com
`
`/s/ Deborah E. Fishman
`Deborah E. Fishman (Reg. No. 48,621)
`3000 El Camino Real #500
`Palo Alto, CA 94304
`
`Counsel for Patent Owner,
`Regeneron Pharmaceuticals, Inc.
`
`–4–
`
`
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