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UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`HOPEWELL PHARMA VENTURES, INC.,
`Petitioner,
`v.
`MERCK SERONO SA,
`Patent Owner.
`
`Case IPR2023-00480
`U.S. Patent 7,713,947
`
`PATENT OWNER’S REQUEST FOR ORAL ARGUMENT
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`IPR2023-00480
`Patent Owner’s Request for Oral Argument
`
`Pursuant to the Board’s September 22, 2023 Scheduling Order (Paper No.
`
`11), Patent Owner respectfully requests oral argument, as currently scheduled on
`
`June 25, 2024. Patent Owner respectfully requests that the oral argument be held
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`in-person at the USPTO headquarters in Alexandria, Virginia. Patent Owner
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`respectfully requests the ability to present possible demonstratives and exhibits.
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`Patent Owner further requests sixty (60) minutes of argument time for each
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`side for IPR2023-00480 and IPR2023-00481, for a total of two (2) hours in the
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`consolidated hearing. To the extent the Board orders a different time allotment,
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`Patent Owner respectfully requests at least the same amount of time granted to
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`Petitioner. Patent Owner has conferred with Petitioner regarding this plan and
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`Petitioner noted their agreement, with the hearing time subject to any additional
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`time allowed when participating in the LEAP program.
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`Pursuant to 37 C.F.R. § 42.70, Patent Owner specifies the following issues
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`to be argued:
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` Issues related to the Board’s Decision on Institution (Paper No. 10) and the
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`grounds instituted in the Decision;
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` Whether claims 36, 38, 39, and 41-46 are patentable under 35 U.S.C. § 103
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`as not being obvious over Bodor in combination with Stelmasiak;
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` Patent Owner’s arguments raised in Patent Owner’s Preliminary Response
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`(Paper No. 8), Patent Owner’s Response (Paper No. 20), and Patent Owner’s
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`1
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`

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`IPR2023-00480
`Patent Owner’s Request for Oral Argument
`
`Sur-Reply;
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` Patent Owner’s response to any arguments raised in the Petition (Paper No.
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`2) and Petitioner’s Reply (Paper No. 41);
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` Patent Owner’s response to any issues specified by Petitioner in its Request
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`for Oral Argument;
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` Any arguments or additional issues raised by either party in a Motion to
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`Strike (if any), Motion to Exclude (if any), or any other motion, paper,
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`opposition, response, reply, or sur-reply filed by either party before oral
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`argument; and
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` Any other outstanding motions and pleadings, and any other issues that the
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`Board deems necessary for issuing a Final Written Decision.
`
`
`Date: May 9, 2024
`
`Respectfully submitted,
`
`By: /Emily R. Whelan/
`Emily R. Whelan (Reg. No. 50,391)
`Wilmer Cutler Pickering Hale and Dorr LLP
`60 State Street
`Boston, MA 02109
`Tel. (617) 526-6567
`Email: Emily.Whelan@wilmerhale.com
`Counsel for Patent Owner
`
`
`
`2
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`

`

`IPR2023-00480
`Patent Owner’s Request for Oral Argument
`
`CERTIFICATE OF SERVICE
`I hereby certify that on May 9, 2024, I caused a true and correct copy of
`Patent Owner’s Request for Oral Argument to be served via email, as consented to
`by Petitioner, to:
`
`eellison-PTAB@sternekessler.com
`opartington-PTAB@sternekessler.com
`cvira-PTAB@sternekessler.com
`jcrozendaal-PTAB@sternekessler.com
`cdashe-PTAB@sternekessler.com
`pkhanduri-PTAB@sternekessler.com
`tliu-PTAB@sternekessler.com
`mbond-PTAB@sternekessler.com
`PTAB@sternekessler.com
`
`By: /Cindy Kan/
`Cindy Kan (Reg. No. 76,385)
`Wilmer Cutler Pickering Hale and Dorr LLP
` 7 World Trade Center
`250 Greenwich Street
`New York, New York 10007
`Tel: 212-295-6470
`Email: Cindy.Kan@wilmerhale.com
`
`3
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