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By:
`
`John A. Bauer
`Nelson Mullins Riley & Scarborough LLP
`280 Park Avenue, 15th Floor West
`New York, NY 10017
`(646) 428-2615 (telephone)
`(646) 428-2610 (facsimile)
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`GENOME & COMPANY,
`Petitioner
`
`v.
`
`THE UNIVERSITY OF CHICAGO,
`Patent Owner
`___________________
`
`Case No. PGR2019-00002
`U.S. Patent 9,855,302 B2
`___________________
`
`
`PETITIONER’S REQUEST FOR ORAL ARGUMENT
`
`
`
`

`

`PGR2019-00002
`U.S. Patent 9,855,302 B2
`
`PETITIONER’S REQUEST FOR ORAL ARGUMENT
`
`Pursuant to 37 C.F.R. § 42.70(a) and the Board’s April 15, 2019 Scheduling
`
`Order (Paper 9) as corrected on May 15, 2009 (Paper 13), Petitioner, Genome &
`
`Company (“Petitioner”), submits this Request for Oral Argument and respectfully
`
`requests an opportunity to present oral argument on all issues in this proceeding.
`
`Oral argument in this proceeding is scheduled for January 15, 2020.
`
`Petitioner intends to address at least the following issues during oral
`
`argument:
`
`1. All grounds for which Petitioner requested post-grant review, including
`
`all issues raised by the parties’ papers;
`
`2. Any issue raised by either party in a request for oral argument, a motion
`
`to exclude, objections to demonstrative exhibits (if any), or any other
`
`motion or paper filed by either party before oral argument;
`
`3.
`
`Rebuttal to any issue raised by Patent Owner at the oral argument; and
`
`4. Any additional issue on which the Board seeks clarification.
`
`Petitioner respectfully proposes that Petitioner and Patent Owner each be
`
`provided 60 minutes of argument time for the hearing in this proceeding, inclusive
`
`of any rebuttal time either party wishes to reserve at the hearing.
`
`Petitioner also respectfully requests the ability to use audio-visual equipment
`
`to display demonstratives and exhibits at the oral argument, including the use of a
`
`1
`
`

`

`computer, projector, ELMO, and screen. In accordance with the Trial Practice
`
`Guide, 77 Fed. Reg. at 48768, Petitioner will contact the Board Trial Division
`
`PGR2019-00002
`U.S. Patent 9,855,302 B2
`
`paralegal to discuss this request.
`
`
`
`Dated: December 3, 2019
`
`
`
`
`
`Respectfully submitted,
`By: /John A. Bauer/
`John A. Bauer, Reg. No. 32,554
`Nelson Mullins Riley & Scarborough LLP
`280 Park Avenue, 15th Floor West
`New York, NY 10017
`(646) 428-2615 (telephone)
`(646) 428-2610 (facsimile)
`john.bauer@nelsonmullins.com
`Attorney for Petitioner
`
`2
`
`

`

`CERTIFICATE OF SERVICE
`
`PGR2019-00002
`U.S. Patent 9,855,302 B2
`
`I hereby certify that on December 3, 2019, a true and accurate copy of this paper,
`PETITIONER’S REQUEST FOR ORAL ARGUMENT, was served on the following email
`addresses for Patent Owner’s counsel, pursuant to Patent Owner’s consent to e-
`mail service:
`
`
`
`skamholz@cov.com
`jrobbins@cov.com
`PGR2019-00002@cov.com
`
`
`
`Dated: December 3, 2019
`
`
`
`
`
`
`
`Respectfully submitted,
`By: /John A. Bauer/
`John A. Bauer, Reg. No. 32,554
`Nelson Mullins Riley & Scarborough LLP
`280 Park Avenue, 15th Floor West
`New York, NY 10017
`(646) 428-2615 (telephone)
`(646) 428-2610 (facsimile)
`john.bauer@nelsonmullins.com
`Attorney for Petitioner
`
`
`
`

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