throbber
UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`
`
`
`
`
`SLAYBACK PHARMA LLC,
`Petitioner,
`
`v.
`
`SUMITOMO DAINIPPON PHARMA CO., LTD.,
`Patent Owner.
`
`_________________
`
`Case IPR2020-01053
`U.S. Patent 9,815,827
`
`
`
`
`
`
`
`
`PATENT OWNER’S REQUEST FOR ORAL ARGUMENT
`
`
`
`
`
`
`
`

`

`Attorney Docket No.: 46094-0002IP1
`Case No.: IPR2020-01053
`Pursuant to 37 C.F.R. § 42.70(a) and the Board’s Scheduling Order (Paper
`
`8), Patent Owner requests an oral argument in IPR2020-01053 on U.S. Patent No.
`
`9,815,827 (“the ’827 patent”). Patent Owner requests (without waiving
`
`consideration of any issue not listed here) that the following issues be argued:
`
` Whether the challenged claims 8–18, 25–28, 30, 31, 33–44, 46, 48–60, 62,
`
`64, 66, 67, 69, 71, 73 and 75 of the ‘827 patent are anticipated by Latuda
`
`Information, published in American Journal of Psychiatry, Vol. 170, No. 8,
`
`August 2013;
`
` Whether the challenged claims 8–18, 25–28, 30, 31, 33–44, 46, 48–60, 62,
`
`64, 66, 67, 69, 71, 73 and 75 of the ‘827 patent are obvious over Latuda
`
`Information and Loebel et al., Lurasidone Monotherapy for the Treatment of
`
`Bipolar Depression: Results of the 6-Week, Double-blind, Placebo-
`
`controlled PREVAIL-2 Study, 38 NEUROPSYCHOPHARM. 109–10
`
`(2012);
`
` Whether the challenged claims 1-75 of the ‘827 patent are obvious over Saji,
`
`U.S. Patent No. 5,532,372; and
`
` Any additional issues on which the Board seeks clarification.
`
`The Board has currently scheduled the Oral Hearing for this proceeding on
`
`August 11, 2021 (Paper 8). Patent Owner requests 60 minutes per side to present
`
`arguments in this case. To the extent the Board schedules the hearing to last more
`
`1
`
`

`

`Attorney Docket No.: 46094-0002IP1
`Case No.: IPR2020-01053
`than one hour, Patent Owner requests that it be given half the length of the hearing
`
`to address these issues. If the oral argument is not held via videoconference,
`
`Patent Owner requests permission to use video equipment to display demonstrative
`
`exhibits, including the use of a projector/screen for a PowerPoint display or the
`
`like.
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
` /Dorothy P. Whelan/______
`Dorothy P. Whelan, Reg. No. 33,814
`
`Date: July 1, 2021_____________
`
`
`Customer Number 26191
`Fish & Richardson P.C.
`Telephone: (612) 337-2509
`Facsimile: (612) 288-9696
`
`
`
`2
`
`

`

`Attorney Docket No.: 46094-0002IP1
`Case No.: IPR2020-01053
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 CFR § 42.6(e)(4) and 42.205(b), the undersigned certifies
`
`that on July 1, 2021, a complete and entire copy of this Patent Owner’s Request for
`
`Oral Argument was provided by email, to the Petitioner by serving the email
`
`correspondence address of record as follows:
`
`
`
`
`
`
`
`
`
`
`
`
`
`Louis H. Weinstein
`Patrick G. Pollard
`Windels Marx Lane & Mittendorf, LLP
`1 Giralda Farms
`Madison, NJ 07940
`
`E-mail: lweinstein@windelsmarx.com
`ppollard@windelsmarx.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/Diana Bradley/
`
`Diana Bradley
`Fish & Richardson P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`(858) 678-5667
`
`
`
`
`
`
`
`3
`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket