`___________________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`MYLAN PHARMACEUTICALS INC., DR. REDDY’S LABORATORIES, INC.,
`DR. REDDY’S LABORATORIES, LTD., and SUN PHARMACEUTICALS
`INDUSTRIES LTD.1
`Petitioner,
`v.
`MERCK SHARP & DOHME CORP.
`Patent Owner.
`_________________________
`Case IPR2020-00040
`U.S. Patent 7,326,708 B2
`___________________________
`
`PETITIONER’S REQUEST FOR ORAL ARGUMENT
`
`1 Dr. Reddy’s Laboratories, Inc. and Dr. Reddy’s Laboratories, Ltd. were joined as
`a party to this proceeding via a Motion for Joinder in IPR2020-01060; and Sun
`Pharmaceuticals Industries Ltd. was joined as a party to this proceeding via Motion
`for Joinder in IPR2020-01072.
`
`147219903v1
`
`
`
`Pursuant to 37 C.F.R. § 42.70(a) and the Amended Scheduling Order (Paper
`
`39), Petitioner Mylan Pharmaceuticals Inc. respectfully submits this Request for
`
`Oral Argument. As set forth in the Scheduling Order, the Board has scheduled oral
`
`argument for February 11, 2021. Paper 39 at 3.2
`
`Petitioner specifies the following issues to be argued:
`
`a.
`
`The patentability of Claims 1–3, 17, 19, and 21–23 as being anticipated
`
`by WO 03/004498 A1, (EX1004) (Ground 1);
`
`b.
`
`The patentability of Claims 1–3, 17, 19, and 21–23 as being anticipated
`
`by US 6,699,871 B2, (EX1007) (Ground 2);
`
`c.
`
`The patentability of Claims 3, 17, 19, and 21–23 as being obvious over
`
`WO 03/004498 A1, (EX1004) (Ground 3);
`
`d.
`
`The patentability of Claims 1–3, 17, 19, and 21–23 as being obvious
`
`over WO 03/004498 A1, (EX1004) and Bastin (EX1006) (Ground 4)
`
`e.
`
`The patentability of Claim 4 as being obvious over WO 03/004498 A1,
`
`(EX1004), Bastin (EX1006), and Brittain (EX1005) (Ground 5);
`
`2 This same date for the Oral Argument is reflected in the Original Scheduling Order.
`
`Paper 22 at 10.
`
`147219903v1
`
`
`
`f.
`
`The patentability of Claim 4 as being obvious over WO 03/004498 A1,
`
`(EX1004), and Brittain (EX1005) (Ground 6);
`
`g. Any issues identified in Patent Owner’s Request for Oral Argument;
`
`h. Rebuttal to Patent Owner’s presentation on all matters;
`
`i.
`
`Any other issues raised in papers filed in this proceeding, including
`
`issues raised in papers yet to be filed or filed concurrently (such as
`
`Motions to Exclude); and
`
`j.
`
`Any additional issues on which the Board seeks information or
`
`clarification.
`
`Petitioner further requests permission to use audio/visual equipment at the
`
`oral argument, including a computer, projector, and screen for displaying
`
`demonstratives and/or exhibits. Such demonstrative exhibits will be served in due
`
`course according to 37 C.F.R. § 42.70(b). Petitioner requests equal time with
`
`Patent Owner, and after conferring with Patent Owner, proposes that one hour per
`
`side should be sufficient for the Parties to present their respective arguments and
`
`discussion. Should the PTAB conduct the hearing live, Petitioner Mylan does not
`
`anticipate that more than six (6) individuals will attend the argument on its behalf.
`
`147219903v1
`
`
`
`Date: Dec. 30, 2020
`
`RESPECTFULLY SUBMITTED,
`Katten Muchin Rosenman LLP
`/ Jitendra Malik /
`Jitendra Malik (Reg. No. 55,823)
`
`Lead Counsel for Petitioner
`
`147219903v1
`
`
`
`CERTIFICATION OF SERVICE ON PATENT OWNER
`Pursuant to 37 C.F.R. §§ 42.6(e), 42.8(b)(4), and 42.105, the undersigned
`
`certifies that on December 30, 2020, a complete copy of the foregoing Paper, were
`
`served via email to the Patent Owner by serving the correspondence address of
`
`record and joinder Petitioners:
`
`sfisher@wc.com
`
`jberniker@wc.com
`
`smahaffy@wc.com
`
`asheh@wc.com
`
`bgenderson@wc.com
`
`ebaumgarten@wc.com
`
`azolan@wc.com
`
`jwong@winston.com
`
`ZCohen@winston.com
`
`CKlein@winston.com
`
`Cfundakowski@winston.com
`
`rfaegenburg@lernerdavid.com
`
`tvanbuskirk@lernerdavid.com
`
`mteschner@lernerdavid.com
`
`147219903v1
`
`
`
`Respectfully submitted,
`Katten Muchin Rosenman LLP
`By: /Jitendra Malik/
`
`147219903v1
`
`
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