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UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`LIQUIDIA TECHNOLOGIES, INC.,
`Petitioner
`
`v.
`
`UNITED THERAPEUTICS CORPORATION,
`Patent Owner
`
`
`
`
`Case No. IPR2021-00406
`U.S. Patent No. 10,716,793
`
`
`
`
`PETITIONER’S REQUEST FOR ORAL HEARING
`
`
`
`
`
`
`
`
`
`
`
`
`

`

`
`
`Pursuant to 37 C.F.R. § 42.70(a), Petitioner Liquidia Technologies, Inc.
`
`requests an oral hearing on all grounds of unpatentability raised in this proceeding.
`
`Petitioner also requests oral hearing on any issues raised by Patent Owner in its
`
`Request for Oral Hearing, any procedural or evidentiary issues raised by the
`
`parties, and any additional issues or questions raised by the Board or the parties
`
`before or during the oral argument.
`
`Petitioner requests 30 minutes total to address all of the issues involved in
`
`this proceeding. To the extent the Board schedules the hearing to last more than 60
`
`minutes total, however, Petitioner requests that it should be given half the length of
`
`the hearing to address these issues.
`
`
`
`Petitioner further requests that it be permitted to speak first at oral argument
`
`as the party bearing the burden of showing the unpatentability of the challenged
`
`claims, and that it be permitted to reserve time for rebuttal following Patent
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`Owner’s allotted argument time.
`
`
`
`Unless the March 13 Order requiring all oral arguments to occur
`
`telephonically is still in effect, Petitioner requests that the oral hearing be held at
`
`the USPTO headquarters in Alexandria, Virginia, rather than as currently
`
`scheduled at the USPTO headquarters in Denver, Colorado, to the extent
`
`practicable including the capacity of the hearing room. Petitioner believes that
`
`there will be no more than four attorneys and clients present for this oral hearing.
`
`
`
`1
`
`

`

`
`
`
`
`Should arguments take place in person, Petitioner also requests that its
`
`attorneys be allowed to use computers at the hearing (in addition to the counsel
`
`making the argument using his or her computer to show the demonstratives) to
`
`avoid the need for the parties to bring entire paper copies of the record into the
`
`hearing room and to facilitate efficient answering of panel questions. Petitioner
`
`further requests the use of audio-visual equipment suitable to display papers of
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`record and demonstrative exhibits, including a computer-connectable projector, an
`
`ELMO, and a screen.
`
`Petitioner further requests the services of a court reporter to transcribe the
`
`proceeding.
`
`Dated: March 30, 2022
`
`COOLEY LLP
`ATTN: Patent Group
`1299 Pennsylvania Avenue NW
`Suite 700
`Washington, DC 20004
`Tel: (212) 479-6840
`Fax: (212) 479-6275
`
`
`
`
`Respectfully submitted,
`
`
`
`By:
`
`
`
`
`/Ivor R. Elrifi/
`Ivor R. Elrifi
`Reg. No. 39,529
`Counsel for Petitioner
`
`
`
`2
`
`

`

`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. §§42.6(e)(4)(i) et seq., a complete copy of the attached
`PETITIONER’S REQUEST FOR ORAL HEARING, and related documents
`are being served via email on the 30th day of March 2022, upon Patent Owner’s
`attorneys of record:
`
`UT-793@foley.com
`Stephen B. Maebius (smaebius@foley.com)
`FOLEY & LARDNER
`UTCvLiquidia-IPR@mwe.com
`
`
`
`Dated: March 30, 2022
`
`COOLEY LLP
`ATTN: Patent Group
`1299 Pennsylvania Avenue NW
`Suite 700
`Washington, DC 20004
`Tel: (212) 479-6840
`Fax: (212) 479-6275
`
`
`
`
`By:
`
`
`
`
`
`/Ivor R. Elrifi/
`Ivor R. Elrifi
`Reg. No. 39,529
`Counsel for Petitioner
`
`
`
`3
`
`

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