`Tel: 571-272-7822
`
`
`
`
`Paper 85
`Entered: July 18, 2014
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_______________
`
`AMNEAL PHARMACEUTICALS, LLC
`Petitioner
`
`v.
`
`SUPERNUS PHARMACEUTICALS, INC.
`Patent Owner
`_______________
`
`IPR2013-00368 (Patent 8,206,740)
`IPR2013-00371 (Patent 8,394,405)
`IPR2013-00372 (Patent 8,394,406)
`_______________
`
`
`Before LORA M. GREEN, SCOTT E. KAMHOLZ, and
`GEORGIANNA W. BRADEN, Administrative Patent Judges.
`
`
`KAMHOLZ, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`IPR2013-00368, IPR2013-00371,
`IPR2013-00372
`
`
`Amneal and Supernus requested oral argument in each of the above-
`
`captioned cases.
`
`Oral argument will commence at 1:00 pm Eastern Time on August 12, 2014,
`
`on the ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
`
`Virginia. Each party is allotted one hour total argument time. The hearing will not
`
`be segmented by case. That is, Amneal will open the hearing by presenting all of
`
`its arguments for each case. Amneal may allot its time among the cases as it
`
`wishes. Supernus will then respond to Amneal’s arguments. Amneal may reserve
`
`rebuttal time to respond to arguments presented by Supernus. Supernus may not
`
`reserve rebuttal time.
`
`The Board will provide a court reporter for the hearing, and the reporter’s
`
`transcript will constitute the official record of the hearing. Although motions to
`
`seal are pending in each case, the Board exercises its discretion to make the final
`
`hearing publically available via in-person attendance. 37 C.F.R. § 42.14.
`
`Attendance by the public will be accommodated on a first-come, first-served basis.
`
`The parties should note that one member of the panel is expected to attend
`
`the oral hearing electronically from a remote location.
`
`The parties are reminded that, under 37 C.F.R. § 42.53(f)(7), a proponent of
`
`deposition testimony must file such testimony as an exhibit. The Board will not
`
`consider any deposition testimony that has not been filed in accordance with our
`
`rules. Furthermore, under 37 C.F.R. § 42.70(b), demonstrative exhibits must be
`
`served at least five business days before the hearing. The Board requests that such
`
`exhibits be filed at the Board at least five business days before the hearing. The
`
`parties are directed to St. Jude Medical, Cardiology Division, Inc. v. The Board of
`
`Regents of the University of Michigan, IPR2013-00041 (PTAB Jan. 27, 2014
`
` 2
`
`
`
`
`
`
`
`
`
`IPR2013-00368, IPR2013-00371,
`IPR2013-00372
`
`
`(Paper 65), for guidance regarding the appropriate content of demonstrative
`
`exhibits. The parties must initiate a conference call with the Board at least two
`
`business days before the hearing to present any objection regarding the propriety of
`
`any demonstrative exhibit. Any objection to demonstrative exhibits that is not
`
`timely presented will be considered waived. The Board asks the parties to confine
`
`demonstrative exhibit objections to those identifying egregious violations that are
`
`prejudicial to the administration of justice.
`
`The parties are reminded that, during the hearing, the presenter must identify
`
`clearly and specifically each demonstrative exhibit (e.g., by slide or screen
`
`number) referenced to ensure the clarity and accuracy of the reporter’s transcript.
`
`The Board expects lead counsel for each party to be present in person at the
`
`hearing. If a party anticipates that its lead counsel will not be attending the oral
`
`argument, the parties should initiate a joint telephone conference with the Board no
`
`later than two business days prior to the oral hearing to discuss the matter. Any
`
`counsel of record, however, may present the party’s argument. A party’s argument
`
`may be divided, but interruptions for change of counsel should be kept to a
`
`minimum.
`
`The parties are reminded to direct their requests for audio-visual equipment
`
`to Trials@uspto.gov. Requests for special equipment will not be honored unless
`
`presented in a separate communication directed to the above email address not less
`
`than five days before the hearing. If the request is not received timely, the
`
`equipment may not be available on the day of the hearing.
`
`Accordingly, it is
`
`ORDERED that consolidated oral argument for the cases listed in the
`
`caption of this order shall take place beginning at 1:00 pm Eastern Time on August
`
` 3
`
`
`
`
`
`
`
`
`
`IPR2013-00368, IPR2013-00371,
`IPR2013-00372
`
`
`12, 2014, on the ninth floor of Madison Building East, 600 Dulany Street,
`
`Alexandria.
`
`
`
`FOR PETITIONER:
`
`Eldora L. Ellison
`Jonathan Tuminaro
`Ralph Powers
`David Holman
`H. Keeto Sabharwal
`Paul Ainsworth
`Sterne, Kessler, Goldstein & Fox P.L.L.C.
`
`FOR PATENT OWNER:
`
`Stephen B. Maebius
`Sunit Talapatra
`Andrew S. Baluch
`Gregory Morris
`Gerald Flattmann
`Evan Diamond
`Foley & Lardner LLP
`
` 4
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`
`
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