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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`SANDOZ INC.,
`Petitioner
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`v .
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`PHARMACYCLICS LLC,
`Patent Owner.
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`U.S. Patent No. 9,795,604 to Byrd et al.
`Issue Date: October 24, 2017
`Title: Methods of Treating and Preventing Graft Versus Host Disease
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`Inter Partes Review No.: IPR2019-00865
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`PETITIONER’S REQUEST FOR ORAL HEARING
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`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`Petitioner’s Request for Oral Hearing
` IPR2019-00865
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`Pursuant to 37 C.F.R. 42.70(a) and the Board’s September 30, 2019
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`Scheduling Order (Paper 9), Petitioner Sandoz Inc. respectfully requests oral
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`argument. Pursuant to the Scheduling Order, oral argument is currently scheduled to
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`take place on June 19, 2020.
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`Petitioner respectfully requests that the Board allocate 45 minutes per side to
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`present arguments, including any rebuttal arguments. To the extent the Board
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`schedules a different amount of time, Petitioner requests an amount of time equal to
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`the time allotted to Patent Owner.
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`Petitioner further requests permission to present its argument first, as the party
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`bearing the burden of showing unpatentability of the challenged claims, and that
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`Petitioner be permitted to reserve time for rebuttal following Patent Owner’s allotted
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`argument time.
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`Without intending to waive any issue not specifically identified, Petitioner
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`identifies the following issues for presentation at oral argument:
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`1. The anticipation of claims 1, 4, 6–10, 13, 15, 24, 28–31, 35, 39, 43–46,
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`50–53, and 55 by the ’085 Publication;
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`2. The obviousness of claims 1, 4, 6–10, 13, 15, 24, 28–31, 35, 39, 43–46,
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`50–53, and 55 over the ’085 Publication and the knowledge of a person of
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`ordinary skill in the art;
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`LEGAL02/39793425v1
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`Petitioner’s Reply Brief
` IPR2019-00865
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`3. The obviousness of claims 1, 4, 6–10, 13, 15, 24, 28–31, 35, 39, 43–46,
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`50–53, and 55 over the ’085 Publication in view of Shimabukuro-
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`Vornhagen and Herman;
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`4. The obviousness of claims 1, 4, 6–10, 13, 15, 24, 28–31, 35, 39, 43–46,
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`50–53, and 55 over the ’085 Publication in view of Shimabukuro-
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`Vornhagen and Uckun;
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`5. Any motions or issues that remain pending at the time of the oral argument;
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`6. Reply to Patent Owner’s presentation on all matters; and
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`7. Additional issues raised by the Board or Patent Owner during oral
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`argument.
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`Pursuant to the Office’s notice issued on March 13, 2020, Petitioner
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`understands that all PTAB oral hearings scheduled to take place after March 13,
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`2020 will be conducted remotely and that the Board will provide the parties with
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`instructions on how to participate by video or telephone in advance of the hearing.
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`In the event that the current restrictions are lifted such that the argument may
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`be conducted in person, Petitioner further requests the following.
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`Petitioner requests that oral argument be held at the USPTO main office in
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`Alexandria, Virginia.
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`Petitioner requests the ability to use audio-visual equipment to display
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`Petitioner’s Reply Brief
` IPR2019-00865
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`demonstrative exhibits and evidence of record from a laptop computer, including the
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`use of a projector with HDMI input and a screen to display PowerPoint slides.
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`Petitioner requests that up to three attorneys be allowed to use computers at
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`the hearing.
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`Date: May 14, 2020
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`RESPECTFULLY SUBMITTED,
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`ALSTON & BIRD LLP
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`/Kirk T. Bradley/
`Kirk T. Bradley
`Registration No. 46,571
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`Counsel for Petitioner
`Sandoz Inc.
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`3
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`Petitioner’s Reply Brief
` IPR2019-00865
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`CERTIFICATION OF SERVICE
`Pursuant to 37 C.F.R. §§ 42.6(e), the undersigned certifies that on May 14,
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`2020, a complete copy of the foregoing Petitioner’s Request for Oral Hearing was
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`served via electronic mail to the Patent Owner by serving their attorneys of record:
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`William B. Raich
`Erin M. Sommers
`Cora R. Holt
`Stefan O. Ochiana
`Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
`901 New York Avenue, NW
`Washington, DC 20001-4413
`Telephone: (202) 408-4210
`Facsimile: (202) 408-4400
`Email: william.raich@finnegan.com
`erin.sommers@finnegan.com
`cora.holt@finnegan.com
`stefan.ochiana@finnegan.com
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`Respectfully submitted,
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`ALSTON & BIRD LLP
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`By: /Kirk T. Bradley/
`Kirk T. Bradley
`Reg. No. 46,571
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`4
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