Trials@uspto.gov
`Tel: 571-272-7822
`
`
`
`
`Paper 95
`Entered: August 21, 2019
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`ELI LILLY AND COMPANY,
`Petitioner,
`
`v.
`
`LOS ANGELES BIOMEDICAL RESEARCH INSTITUTE AT
`HARBOR-UCLA MEDICAL CENTER,
`Patent Owner.
`_______________
`
`Case IPR2014-00752
`Patent 8,133,903 B2
`_______________
`
`
`
`Before FRANCISCO C. PRATS, SHERIDAN K. SNEDDEN, and
`SUSAN L. C. MITCHELL, Administrative Patent Judges.
`
`SNEDDEN, Administrative Patent Judge.
`
`
`
`
`ORDER
`Granting Requests for Oral Argument
`37 C.F.R. § 42.70
`
`
`
`
`
`Tel: 571-272-7822
`
`
`
`
`Paper 95
`Entered: August 21, 2019
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`ELI LILLY AND COMPANY,
`Petitioner,
`
`v.
`
`LOS ANGELES BIOMEDICAL RESEARCH INSTITUTE AT
`HARBOR-UCLA MEDICAL CENTER,
`Patent Owner.
`_______________
`
`Case IPR2014-00752
`Patent 8,133,903 B2
`_______________
`
`
`
`Before FRANCISCO C. PRATS, SHERIDAN K. SNEDDEN, and
`SUSAN L. C. MITCHELL, Administrative Patent Judges.
`
`SNEDDEN, Administrative Patent Judge.
`
`
`
`
`ORDER
`Granting Requests for Oral Argument
`37 C.F.R. § 42.70
`
`
`
`
`
`
`IPR2014-00752
`Patent 8,133,903 B2
`
`
`Oral hearing in this case is set for September 4, 2019, if a hearing is
`requested by the parties and granted by the Board. Papers 60 and 71. Both
`parties have requested oral hearing pursuant to 37 C.F.R. § 42.70. Papers 86
`and 87. The parties’ requests for oral hearing are granted.
`
`A. Time and Format
`The hearing will commence at 2:00 PM Eastern Time on September
`4, 2019. The hearing will be open to the public, for in-person attendance, on
`the ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
`Virginia. In-person attendance will be accommodated on a first come, first
`served basis. The Board will provide a court reporter for the hearing and the
`reporter’s transcript will constitute the official record of the hearing.
`Per the parties’ request, Petitioner will have a combined 60 minutes to
`present argument in this case and Patent Owner will have 60 minutes to
`respond. Petitioner bears the ultimate burden of proof that Patent Owner’s
`claims at issue are unpatentable. Therefore, Petitioner will open the hearing
`by presenting their case regarding the challenged claims for which the Board
`instituted trial. After Petitioner’s presentation, Patent Owner will respond to
`Petitioner’s argument. Petitioner may reserve rebuttal time to respond to
`arguments presented by Patent Owner. In accordance with the Board’s
`August 2018 Trial Practice Guide Update (“TPGU”), Patent Owner may
`reserve up to 5 minutes of time for sur-rebuttal.
`The Trial Practice Guide Update provides an opportunity for the
`parties to request a pre-hearing conference. See TPGU 19 (“The purpose of
`the pre-hearing conference is to afford the parties the opportunity to preview
`(but not argue) the issues to be discussed at the oral hearing, and to seek the
`Board’s guidance as to particular issues that the panel would like addressed
`
`2
`
`
`
`IPR2014-00752
`Patent 8,133,903 B2
`
`by the parties.”). If either party desires a pre-hearing conference, the parties
`should jointly contact the Board at least seven business days before the
`hearing to request a conference call for that purpose.
`
`B. Demonstratives
`As set forth in 37 C.F.R. § 42.70(b), demonstrative exhibits shall be
`served on opposing counsel at least seven business days before the hearing.
`However, in regard to filing demonstrative exhibits, and in contrast to what
`is expressly stated in § 42.70(b), the parties shall file the demonstrative
`exhibits no later than two business days before the hearing, to allow the
`panel sufficient time to review the materials.
`The panel reminds the parties that demonstrative exhibits are not
`evidence, but are intended to assist the parties in presenting their oral
`arguments to the Board. The panel will distinguish evidence in the record
`from argument appearing in demonstrative exhibits, and all arguments must
`be supported by evidence already of record. The panel also reminds the
`parties that demonstrative exhibits are not a mechanism for making
`arguments not previously addressed in the Papers. The panel will not
`consider arguments or evidence appearing only in demonstrative exhibits.
`Due to the nature of the panel’s consideration of demonstrative
`exhibits, the panel does not anticipate that objections to such exhibits would
`likely be sustained. Nevertheless, to the extent that the parties object to the
`propriety of any demonstrative exhibit, we expect that the parties will meet
`and confer in good faith to resolve any objections to demonstrative exhibits.
`If such objections cannot be resolved, the parties may file any objections to
`demonstratives with the Board at least two business days before the hearing.
`The objections should identify with particularity which portions of the
`
`3
`
`
`
`IPR2014-00752
`Patent 8,133,903 B2
`
`demonstrative exhibits are subject to objection, include a copy of the
`objected-to portions, and include a one-sentence statement of the reason for
`each objection. No argument or further explanation is permitted. We will
`consider any objections and schedule a conference call if deemed necessary.
`Otherwise, we will reserve ruling on the objections. Any objection to
`demonstrative exhibits that is not timely presented will be considered
`waived.
`Finally, the parties are reminded that each presenter must identify
`clearly and specifically each demonstrative exhibit (e.g., by slide or screen
`number) referenced during the hearing to ensure the clarity and accuracy of
`the reporter’s transcript and for the benefit of the judge(s) who may be
`participating electronically from USPTO Regional Offices.
`
`C. Lead Counsel
`The Board expects lead counsel for each party to be present at the oral
`hearing, although any backup counsel may present the party’s argument. If
`either lead counsel is unable to be present at the hearing, the Board shall be
`advised by email no later than two (2) business days prior to the oral
`hearing, and such lead counsel shall be available for a conference call if
`necessary.
`
`D. Remote Video Attendance Request
`A party may request remote video attendance for one or more of its
`other attendees to view the hearing from any USPTO location. The
`available locations include the Texas Regional Office in Dallas, Texas; the
`Rocky Mountain Regional Office in Denver, Colorado; the Elijah J. McCoy
`Midwest Regional Office in Detroit, Michigan; and the Silicon Valley Office
`
`4
`
`
`
`IPR2014-00752
`Patent 8,133,903 B2
`
`in San Jose, California. To request remote video viewing, a party must send
`an email message to Trials@uspto.gov ten business days prior to the
`hearing, indicating the requested location and the number planning to view
`the hearing from the remote location. The Board will notify the parties if the
`request for video viewing is granted. Note that it may not be possible to
`grant the request due to the availability of resources.
`
`E. Audio/Visual Equipment Requests
`Questions regarding specific audio-visual equipment should be
`directed to the Board at (571) 272-9797. Requests for audio-visual
`equipment are to be made 5 days in advance of the hearing date. The
`request is to be sent to Trials@uspto.gov. If the request is not received
`timely, the equipment may not be available on the day of the hearing.
`
`Accordingly, it is
`ORDERED that oral argument for this proceeding shall commence at
`2:00 PM Eastern Time on September 4, 2019, on the ninth floor of
`Madison Building East, 600 Dulany Street, Alexandria, Virginia, and
`proceed in the manner set forth herein.
`
`
`
`
`
`
`
`
`
`
`
`5
`
`
`
`IPR2014-00752
`Patent 8,133,903 B2
`
`PETITIONER:
`
`Mark J. Feldstein
`Charles E. Lipsey
`Joshua L. Goldberg
`Jason L. Romrell
`Drew D. Christie
`Finnegan, Henderson, Farabow,
` Garrett & Dunner, LLP
`mark.feldstein@finnegan.com
`charles.lipsey@finnegan.com
`joshua.goldberg@finnegan.com
`jason.romrell@finnegan.com
`drew.christie@finnegan.com
`
`Mark J. Stewart
`Dan L. Wood
`Eli Lilly and Company
`stewart_mark@lilly.com
`wood_dan_l@lilly.com
`
`PATENT OWNER:
`
`David K. Tellekson
`Ewa M. Davison
`Jonathan T. McMichael
`Fenwick & West LLP
`dtellekson@fenwick.com
`edavison@fenwick.com
`jmcmichael@fenwick.com
`
`
`6
`
`
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