Trials@uspto.gov
`571.272.7822
`
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`
`
`
`
`
`Paper 30
`Entered: August 10, 2018
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`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`AUROBINDO PHARMA USA, INC.
`Petitioner,
`
`v.
`
`ANDRX CORPORATION,
`ANDRX LABORATORIES, INC.
`ANDRX LABORATORIES (NJ), INC.
`ANDRX EU LTD.
`ANDRX PHARMACEUTICALS, LLC,
`TEVA PHARMACEUTICAL INDUSTRIES LTD.
`Patent Owner(s).
`____________
`
`
`
`
`
`Case IPR2017-01648
`Patent 6,866,866 B1
`____________
`
`
`Before SUSAN L.C. MITCHELL, TINA E. HULSE, and
`DEVON ZASTROW NEWMAN, Administrative Patent Judges.
`
`NEWMAN, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
` 37 C.F.R. § 42.70
`
`
`
`
`
`
`
`
`
`
`
`
`571.272.7822
`
`
`
`
`
`
`
`Paper 30
`Entered: August 10, 2018
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`AUROBINDO PHARMA USA, INC.
`Petitioner,
`
`v.
`
`ANDRX CORPORATION,
`ANDRX LABORATORIES, INC.
`ANDRX LABORATORIES (NJ), INC.
`ANDRX EU LTD.
`ANDRX PHARMACEUTICALS, LLC,
`TEVA PHARMACEUTICAL INDUSTRIES LTD.
`Patent Owner(s).
`____________
`
`
`
`
`
`Case IPR2017-01648
`Patent 6,866,866 B1
`____________
`
`
`Before SUSAN L.C. MITCHELL, TINA E. HULSE, and
`DEVON ZASTROW NEWMAN, Administrative Patent Judges.
`
`NEWMAN, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
` 37 C.F.R. § 42.70
`
`
`
`
`
`
`
`
`
`
`
`
`
`IPR2017-01648
`Patent 6,866,866 B1
`
`
`
`The Scheduling Order for this proceeding provided that an oral
`
`hearing would be conducted if the hearing is requested by the parties and
`
`granted by the Board. Paper 15. Patent Owner and Petitioner each
`
`requested oral hearing pursuant to 37 C.F.R. § 42.70. Papers 28, 29. The
`
`requests are granted.
`
`Each party will have forty-five (45) minutes of total time to present
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`argument. Petitioner bears the ultimate burden of proof that Patent Owner’s
`
`claims at issue are unpatentable. Thus, Petitioner will open the hearing by
`
`presenting its case regarding the challenged claims for which we instituted
`
`trial. Petitioner may reserve some, but not more than one-half, of its
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`argument time for rebuttal. Thereafter, Patent Owner will respond to
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`Petitioner’s presentation.
`
`The hearing will commence at 1:00 PM Eastern Time on Monday,
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`September 24, 2018, on the ninth floor of Madison Building East, 600
`
`Dulany Street, Alexandria, Virginia 22314. The oral argument will be open
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`to the public for in-person attendance, which will be accommodated on a
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`first-come, first-served basis.1 The Board will provide a court reporter for
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`the hearing, and the reporter’s transcript will constitute the official record of
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`the hearing and will be entered in the record.
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`Furthermore, under 37 C.F.R. § 42.70(b), demonstrative exhibits must
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`be served at least seven (7) business days before the hearing date. The
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`parties also shall provide the demonstrative exhibits to the Board at least two
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`
`
`1 The oral hearing is currently scheduled to occur in Hearing Room D, which
`has few publicly available spaces. The daily schedule will reflect any
`changes in location.
`
`2
`
`
`
`IPR2017-01648
`Patent 6,866,866 B1
`
`business days prior to the hearing by emailing them to Trials@uspto.gov.
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`Despite the requirement in § 42.70(b) for parties to file demonstratives, the
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`parties shall not file any demonstrative exhibits in this case without prior
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`authorization from the Board. A hard copy of the demonstratives should be
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`provided to the panel and court reporter at the hearing.
`
`
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`The parties are directed to St. Jude Medical, Cardiology Division, Inc.
`
`v. The Board of Regents of the University of Michigan, Case IPR2013-00041
`
`(PTAB Jan. 27, 2014) (Paper 65), regarding the appropriate content of
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`demonstrative exhibits. The Board expects that the parties will meet and
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`confer in good faith to resolve any objections to demonstrative exhibits, but
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`if such objections cannot be resolved, the parties may file any objections to
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`demonstratives with the Board at least two business days before the hearing.
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`The objections should identify with particularity which portions of the
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`demonstrative exhibits are subject to objection and include a one-sentence
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`statement of the reason for each objection. No argument or further
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`explanation is permitted. The Board will consider any objections and
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`schedule a conference call if deemed necessary. Otherwise, the Board will
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`reserve ruling on the objections. Any objection to demonstrative exhibits
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`that is not timely presented will be considered waived.
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`The parties are advised that at least one member of the panel will be
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`attending the hearing from a remote location. The parties are reminded that
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`the presenter must identify clearly and specifically each demonstrative
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`exhibit (e.g., by slide or screen number) referenced during the hearing to
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`avoid confusion and ensure the clarity and accuracy of the reporter’s
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`transcript and the ability of the judge(s) participating remotely to follow the
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`3
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`
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`IPR2017-01648
`Patent 6,866,866 B1
`
`presenter’s arguments. The parties should note that the remote judge(s) will
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`not be able to see what is projected on the screen in the hearing room.
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`The Board expects lead counsel for each party to be present in person
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`at the oral hearing. However, any counsel of record may present the party’s
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`argument. If either party expects that its lead counsel will not be attending
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`the oral argument, the parties should initiate a joint telephone conference
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`with the Board no later than two business days prior to the oral hearing to
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`discuss the matter.
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`Questions regarding specific audio-visual equipment should be
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`directed to the Board at (571) 272-9797. The Board acknowledges the
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`parties’ requests for audio-visual equipment at the hearing, and instructs that
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`the parties additionally notify Trials@uspto.gov of the requests five (5) days
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`in advance of the hearing date. Any requests not sent specifically to that
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`email address will not be considered timely. If the request is not received
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`timely, the equipment may not be available on the day of the hearing.
`
`
`
`
`
`
`
`4
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`
`
`IPR2017-01648
`Patent 6,866,866 B1
`
`
`PETITIONER:
`
`Steven J. Moore
`John Winterle
`Hans Peter Hoffmann
`Alan Gardner
`WITHERS BERGMAN LLP
`steven.moore@withersworldwide.com
`john.winterle@withersworldwide.com
`peter.hoffmann@withersworldwide.com
`alan.gardner@withersworldwide.com
`IPG-AUR@withersworldwide.com
`
`
`PATENT OWNER:
`
`David L. Cavanaugh
`Jonathan Ben-Ur Roses
`WILMER HALE
`david.cavanaugh@wilmerhale.com
`jonathan.roses@wilmerhale.com
`
`
`5
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`
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