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UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`MYLAN PHARMACEUTICALS INC. and MYLAN LABORATORIES
`LIMITED,
`Petitioner,
`
`v.
`
`UCB PHARMA GMBH
`Patent Owner
`
`Case IPR2016-00510
`Patent No. 6,858,6501
`
`
`
`
`
`PETITIONER’S REQUEST FOR ORAL ARGUMENT
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`1 Petitioner Alembic Pharmaceuticals Limited from IPR2016-01596, Torrent
`Pharmaceuticals Limited from IPR2016-01636, and Amerigen Pharmaceuticals
`Limited from IPR2016-01665 have been joined as Petitioners to this proceeding.
`
`
`
`

`

`Pursuant to 37 C.F.R. § 42.70(a) and the Board’s July 20, 2017, Scheduling
`
`Order (Paper No. 13), Petitioner Mylan Pharmaceuticals Inc., Mylan Laboratories
`
`Limited, Alembic Pharmaceuticals Limited, Torrent Pharmaceuticals Limited, and
`
`Amerigen Pharmaceuticals Limited (collectively, “Petitioner”), respectfully submit
`
`this Request for Oral Argument. As set forth in the Scheduling Order, the Board
`
`has currently scheduled the oral hearing for April 5, 2017 (Id. at 6).
`
`Issues For Hearing
`
`I. Whether claims 1-5 and 21-24 of the ’650 Patent are obvious over the
`
`combination of Postlind, Bundgaard, Bundgaard PCT, Detrol Label, and
`
`Berge;
`
`II. Whether claims 1-5 and 21-24 of the ’650 Patent are obvious over Brynne,
`
`Bundgaard, Bundgaard PCT, and Johansson;
`
`III. Whether Patent Owner has established any secondary considerations,
`
`namely, unpredictable or unexpected properties or long felt need, sufficient
`
`to overcome Petitioner’s prima facie case of obviousness;
`
`IV. Any issues identified in Patent Owner’s Request for Oral Argument;
`
`V. Any other issues raised in papers filed in this proceeding, including issues
`
`raised in papers yet to be filed, such as Motions to Exclude or Motions for
`
`Observations on Cross Examination; and
`
`
`
`

`

`VI. Any other issues the Board deems necessary for issuing a final written
`
`decision.
`
`Petitioner requests permission to use audio/visual equipment to display
`
`demonstrative exhibits, including a projector and screen for Power Point or other
`
`
`
`Respectfully submitted,
`
`By: /s/ Mitchell G. Stockwell
`Mitchell G. Stockwell
`Registration No. 39,389
`
`Lead Counsel for Petitioner Mylan
`Pharmaceuticals Inc. and Mylan
`Laboratories Limited
`
`
`
`
`
`
`
`
`
`electronic materials.
`
`Dated: March 8, 2017
`
`
`
`

`

`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a copy of PETITIONER’S REQUEST
`
`FOR ORAL ARGUMENT was served on March 8, 2017, by filing this document
`
`through the Patent Trial and Appeal Board End to End system, as well as
`
`delivering a copy via US Mail upon the following attorneys of record:
`
`Jeffrey Ginsberg
`Kenyon & Kenyon LLP
`One Broadway
`New York, New York 10004-1007
`
`with a courtesy copy to counsel for Pfizer Inc. and UCB Pharma GMBH, Plaintiffs
`
`in the underlying litigation, via email as follows:
`
`Jack Blumenfeld
`jbbefiling@mnat.com
`
`
`
`Dimitrios T. Drivas
`Jeffrey J. Oelke
`James S. Trainor, Jr.
`Ryan P. Johnson
`Robert Counihan
`ddrivas@whitecase.com
`joelke@whitecase.com
`jtrainor@whitecase.com
`rjohnson@whitecase.com
`rcounihan@whitecase.com
`
`
`By: /s/ Mitchell G. Stockwell
`Registration No. 39,389
`Counsel for Petitioner
`
`
`
`Dated: March 8, 2017
`
`
`
`
`
`

`

`
`
`
`
`

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