`
`Paper No. 26
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________
`
`FLATWING PHARMACEUTICALS, LLC and
`MYLAN PHARMACEUTICALS, INC.,
`Petitioners,
`
`v.
`
`ANACOR PHARMACEUTICALS, INC.,
`Patent Owner.
`________________
`Case No. IPR2018-001681
`
`U.S. Patent No. 9,549,938
`________________
`
`JOINT REQUEST FOR ORAL ARGUMENT
`
`January 25, 2019
`
`
`
`
`
`
`1 Case No. IPR2018-01358 has been joined with this proceeding.
`
`
`
`
`
`
`
`Pursuant to 37 C.F.R. § 42.70(a) and the Board’s Scheduling Order (Paper
`
`10), Petitioner FlatWing Pharmaceuticals, LLC and Patent Owner Anacor
`
`Pharmaceuticals, Inc. (“the Parties”) respectfully request Oral Argument, currently
`
`set for March 1, 2019. Counsel for Petitioner Mylan Pharmaceuticals, Inc. in the
`
`joined proceedings does not object to this joint request. The Parties specify,
`
`without intent to waive consideration of any issue not listed below, the following
`
`issues for argument:
`
`1.
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`Unpatentability “with respect to all grounds set forth in the Petition, as
`
`indicated in the Institution Decision at 15, Paper No. 9, June 8, 2018, including but
`
`not limited to all issues raised as to invalidity in the Petition (Paper No. 1, Nov. 21,
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`2017), Patent Owner’s Response (Paper No. 13, Sept. 7, 2018, Petitioner’s Reply
`
`(Paper No. 19, Dec. 7, 2018), Patent Owner’s to-be-filed Surreply (Jan. 25, 2019),
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`and any and all other issues raised by Petitioner or Patent Owner in the Papers and
`
`Exhibits filed in this proceeding, including but not limited to the testimonies of Dr.
`
`Stephen Kahl (Exhibits 1003, 1047, and 2017), Dr. S. Narasimha Murthy (Exhibits
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`1005, 1048, 2002, and 2018), Dr. Paul J. Reider (Exhibits 1045 and 2013), Dr.
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`Majella E. Lane (Exhibits 1044 and 2014), and all other exhibits in this proceeding
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`(to the extent not excluded);
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`2.
`
`3.
`
`
`
`Any motions or observations in this proceeding; and
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`Rebuttal arguments and evidence offered by Patent Owner.
`
`1
`
`
`
`
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`Requested Argument Duration
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`The Parties have conferred regarding the time for oral argument and agree
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`that each side shall request forty-five (45) minutes of respective argument time.
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`The Parties further request that this oral argument be consolidated with oral
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`argument for IPR2018-00169, IPR2018-00170, IPR2018-00171 (and IPR2018-
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`01359, IPR2018-01360, IPR2018-01361), with forty-five (45) minutes total being
`
`allowed per side to address all the listed cases.
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`Equipment Request
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`The Parties request the ability to use audio/visual equipment to display
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`demonstrative exhibits, including any equipment required to allow viewing by any
`
`remote Judge.
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`No Request for Different Venue
`
`The Scheduling Order raises the question of the place of oral argument. The
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`Parties do not seek a change to the San Jose regional office and plan for oral
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`argument at the USPTO headquarters in Alexandria, Virginia.
`
`
`
`
`
`
`
`
`Dated: January 25, 2019
`
`
`
`
`
` Respectfully submitted,
`
`
`/Philip D. Segrest Jr./
`Philip D. Segrest Jr. (Reg. No. 39,021)
`philip.segrest@huschblackwell.com
`Lead Counsel for Petitioner
`Eric J. Rakestraw (Reg. No. 68,740)
`Eric.Rakestraw@HuschBlackwell.com
`PTAB-ERakestraw@HuschBlackwell.com
`2
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Back-up Counsel for Petitioner
`Edward D. Manzo (Reg. No. 28,139)
`Edward.Manzo@HuschBlackwell.com
`Additional Back-up Counsel for Petitioner
`HUSCH BLACKWELL LLP
`120 South Riverside Plaza, Suite 2200
`Chicago, IL 60606
`Tel. 312-655-1500
`Fax. 312-644-1501
`
`
`
`/Aaron P. Maurer/
`Aaron P. Maurer
`Reg. No. 44,911
`Lead Counsel for Patent Owner
`WILLIAMS & CONNOLLY LLP
`725 Twelfth Street, N.W.
`Washington, DC 20005
`T: (202) 434-5282
`F: (202) 434-5029
`amaurer@wc.com
`
`
`3
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a copy of the foregoing document was
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`served via
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`electronic mail on
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`the
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`following
`
`attorneys of
`
`record:
`
`
`
`Aaron P. Maurer,
`amaurer@wc.com
`David I. Berl,
`dberl@wc.com
`tselby@wc.com
`asheh@wc.com
`Counsel for Patent Owner
`Anacor Pharms., Inc.
`
`
`
`On this the 25th day of January 2019.
`
`
`
`
`
`
`
`
`Steven Parmelee,
`sparmelee@wsgr.com
`Michael Rosato,
`mrosato@wsgr.com
`Jad Mills
`jmills@wsgr.com
`Counsel for Petitioner Mylan
`Pharms., Inc.
`
`
`/Philip D. Segrest Jr./
`Philip D. Segrest Jr. (Reg. No. 39,021)
`philip.segrest@huschblackwell.com
`Lead Counsel for Petitioner
`Eric J. Rakestraw (Reg. No. 68,740)
`Eric.Rakestraw@HuschBlackwell.com
`PTAB-ERakestraw@HuschBlackwell.com
`Back-up Counsel for Petitioner
`Edward D. Manzo (Reg. No. 28,139)
`Edward.Manzo@HuschBlackwell.com
`Additional Back-up Counsel for Petitioner
`HUSCH BLACKWELL LLP
`120 South Riverside Plaza, Suite 2200
`Chicago, IL 60606
`Tel. 312-655-1500
`Fax. 312-644-1501
`
`
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