`U.S. Patent No. 8,293,742
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`SLAYBACK PHARMA LLC
`
`Petitioner
`
`v.
`
`EYE THERAPIES LLC
`
`Patent Owner
`
`
`
`Case No. IPR2022-00142
`U.S. Patent No. 8,293,742
`
`
`PETITIONER’S REQUEST FOR ORAL ARGUMENT
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Pursuant to 37 C.F.R. § 42.70 and the Board’s Scheduling Order dated May
`
`18, 2022 (Paper 15), Petitioner Slayback Pharma LLC respectfully requests Oral
`
`Argument on issues related to the instituted grounds and on any issues raised in any
`
`pending motions or briefing filed by the parties, including:
`
`• Grounds for which inter partes review was instituted in this proceeding
`
`and any issues raised in the Board’s Institution Decision dated May 18,
`
`2022 (Paper 13);
`
`• Any issue addressed in Petitioner’s papers, including, but not limited to,
`
`the Petition, Petitioner’s Reply Brief, and any motion filed by Petitioner;
`
`and
`
`• Rebuttal to Patent Owner’s presentations on all issues, including, but not
`
`limited to, the issues listed above and any issues raised in Patent Owner’s
`
`Response, Patent Owner’s Sur-Reply, and any motion filed by Patent
`
`Owner.
`
`The Board scheduled the Oral Hearing for this proceeding for February 27,
`
`2023 at the USPTO Headquarters in Alexandria, VA. Paper 17; Paper 15 at 7.
`
`Petitioner requests 60 minutes per side to present arguments at the hearing.
`
`Petitioner is amenable to conducting oral argument at the USPTO’s Headquarters,
`
`as indicated by the Board. Paper 15, at 7. Petitioner is also amenable to a remote
`
`hearing for the convenience of the Board, and thus defers to the Board’s preference.
`
`
`
`
`
`Case IPR2022-00142
`U.S. Patent No. 8,293,742
`
`Petitioner also respectfully requests the ability to use audio-visual equipment
`
`
`
`to display demonstrative exhibits, including use of a computer, a projector, a digital
`
`projector/document camera (“Elmo”), and a screen. To the extent the Oral
`
`Argument is conducted by video or telephone, Petitioner respectfully requests to file
`
`its demonstratives with the Board and to refer to its demonstratives during argument.
`
`
`
`
`
`January 4, 2023
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`/Linnea P. Cipriano/
`Linnea P. Cipriano
`(Reg. No. 67,729)
`Goodwin Procter LLP
`620 Eighth Avenue
`New York, NY 10018
`Phone: (212) 813-8800
`Fax: (212) 937-2204
`lcipriano@goodwinlaw.com
`
`Counsel for Petitioner
`Slayback Pharma LLC
`
`2
`
`
`
`
`
`Case IPR2022-00142
`U.S. Patent No. 8,293,742
`
`
`CERTIFICATE OF SERVICE
`
`I, Linnea P. Cipriano, certify that I caused to be served a true and correct
`
`copy of the foregoing Request for Oral Argument by email on January 4, 2023,
`
`as follows:
`
`Bryan Diner
`
`bryan.diner@finnegan.com
`
`Justin Hasford
`
`Justin.hasford@finnegan.com
`
`Caitlin O’Connell caitlin.oconnell@finnegan.com
`
`Christina Yang
`
`christina.yang@finnegan.com
`
`January 4, 2023
`
`
`
`
`
`
`
`
`
`
`/Linnea P. Cipriano/
`Linnea P. Cipriano
`(Reg. No. 67,729)
`Goodwin Procter LLP
`620 Eighth Avenue
`New York, NY 10018
`Phone: (212) 813-8000
`Fax: (212) 937-2204
`lcipriano@goodwinlaw.com
`
`Counsel for Petitioner
`Slayback Pharma LLC
`
`3
`
`
`
`
`
`
`
`
`
`
`
`