`571-272-7822
`
`Paper 46
`Date: April 22, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`PRAXAIR DISTRIBUTION, INC.,
`Petitioner,
`
`v.
`
`INO THERAPEUTICS LLC,
`Patent Owner.
`
`Case IPR2015-00884 (Patent 8,291,904 B2)
`Case IPR2015-00888 (Patent 8,776,794 B2)
`Case IPR2015-00889 (Patent 8,573,209 B2)
`Case IPR2015-00891 (Patent 8,573,210 B2)
`Case IPR2015-00893 (Patent 8,776,795 B2)1
`
`Before KEN B. BARRETT, MICHAEL J. FITZPATRICK, and
`SCOTT A. DANIELS, Administrative Patent Judges.
`
`FITZPATRICK, Administrative Patent Judge.
`
`ORDER
`Oral Argument
`37 C.F.R. § 42.70
`
`1 This Order employs a joint caption, as it is being entered in each of the five
`identified inter partes reviews. The parties may not use a joint caption unless
`authorized.
`
`
`
`IPR2015-00884
`IPR2015-00888
`IPR2015-00889
`IPR2015-00891
`IPR2015-00893
`
`
`
`
`
`
`
`
`Patent 8,291,904 B2
`Patent 8,776,794 B2
`Patent 8,573,209 B2
`Patent 8,573,210 B2
`Patent 8,776,795 B2
`
`The Scheduling Order for these inter partes reviews set a May 16, 2016,
`
`date for oral argument, if requested by the parties and granted by the Board.
`
`See, e.g., IPR2015-00884, Paper 16. The parties (i.e., Patent Owner,
`
`INO Therapeutics LLC, and Petitioner, Praxair Distribution, Inc.) have since filed
`
`requests for oral argument in each proceeding. See, e.g., IPR2015-00884,
`
`Papers 45, 46. The requests are granted.
`
`As Patent Owner notes in its Requests, the subject patents are directed to
`
`similar technologies, and the trials involve overlapping issues and arguments. See,
`
`e.g., IPR2015-00884, Paper 45. Accordingly, a consolidated hearing will be held
`
`for oral arguments from all five inter partes reviews.
`
`It will commence at 10:00 AM Eastern Time, on May 16, 2016. It 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. One or more judges of the panel
`
`may attend remotely.
`
`Each party will have sixty (60) minutes of total time, a portion of which it
`
`may initially reserve, to present arguments, in the following order:
`
`First, Petitioner may argue its asserted grounds of unpatentability;
`
`Second, Patent Owner may argue in opposition thereto and argue its
`
`Motions to Exclude;
`
`Third, Petitioner may present rebuttal arguments with respect to its
`
`asserted grounds of unpatentability and in opposition to the Motions to
`
`Exclude (assuming Patent Owner argues those Motions); and
`
`2
`
`
`
`IPR2015-00884
`IPR2015-00888
`IPR2015-00889
`IPR2015-00891
`IPR2015-00893
`
`
`
`
`
`
`
`
`Patent 8,291,904 B2
`Patent 8,776,794 B2
`Patent 8,573,209 B2
`Patent 8,573,210 B2
`Patent 8,776,795 B2
`
`Fourth, Patent Owner may present rebuttal arguments with respect to
`
`its Motions to Exclude (assuming Patent Owner argues those Motions).
`
`The Board will provide a court reporter for the hearing, and the reporter’s
`
`transcript will constitute the official record of the hearing.
`
`Under 37 C.F.R. § 42.70(b), at least five (5) business days prior to the
`
`hearing, each party shall serve on the other party (and not file) any demonstrative
`
`exhibit(s) it intends to use during the hearing. The parties should attempt to work
`
`out any objections to demonstratives prior to involving the Board. At least two (2)
`
`business days prior to the hearing, the parties shall provide the demonstrative
`
`exhibits to the Board by emailing them to Trials@uspto.gov. The parties are
`
`directed to St. Jude Medical, Cardiology Division, Inc. v. The Board of Regents of
`
`the University of Michigan, Case No. IPR2013-00041 (PTAB Jan. 27, 2014)
`
`(Paper 65) for guidance regarding appropriate content of demonstratives.
`
`The Board expects lead counsel for each party to be present at the hearing,
`
`although any backup counsel may make the actual presentation, in whole or in part.
`
`If any lead counsel will not be in attendance at the hearing, the Board should be
`
`notified via a joint telephone conference call no later than two days prior to the
`
`hearing to discuss the matter.
`
`Any special requests for audio visual equipment should be directed to
`
`Trials@uspto.gov.
`
`
`
`
`
`3
`
`
`
`Patent 8,291,904 B2
`Patent 8,776,794 B2
`Patent 8,573,209 B2
`Patent 8,573,210 B2
`Patent 8,776,795 B2
`
`4
`
`
`
`
`
`
`
`IPR2015-00884
`IPR2015-00888
`IPR2015-00889
`IPR2015-00891
`IPR2015-00893
`
`For Petitioner:
`
`Sanjay Murthy
`Sanjay.murthy.ptab@klgates.com
`
`Sara Kerrane
`Sara.kerrane@klgates.com
`
`Margaux Nair
`Margaux.nair@klgates.com
`
`Maria Doukas
`Maria.doukas@klgates.com
`
`Benjamin Week
`Benjamin.weed.ptab@klgates.com
`
`
`
`For Patent Owner:
`
`Robert Steinberg
`Bob.steinberg@lw.com
`
`Daniel Brown
`Daniel.brown@lw.com
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