throbber
Trials@uspto.gov
`571-272-7822
`
`
`
` Paper No. 38
` Entered: March 20, 2017
`
`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 IPR2016-005101,2 (Patent 6,858,650 B1)
`Case IPR2016-00512 (Patent 7,384,980 B2)
`Case IPR2016-00514 (Patent 7,855,230 B2)
`Case IPR2016-00516 (Patent 8,338,478 B2)
`Case IPR2016-00517 (Patent 7,985,772 B2)
`____________
`
`
`Before KRISTINA M. KALAN, ROBERT A. POLLOCK, and
`MICHELLE N. ANKENBRAND, Administrative Patent Judges.
`
`ANKENBRAND, Administrative Patent Judge.
`
`
`
`1 Petitioners 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.
`2 We exercise our discretion to issue one order to be entered in all five cases.
`The parties are not authorized to use this style heading for subsequent papers
`without Board preapproval.
`
`

`

`IPR2016-00510 (Patent 6,858,650 B1)
`IPR2016-00512 (Patent 7,384,980 B2)
`IPR2016-00514 (Patent 7,855,230 B2)
`IPR2016-00516 (Patent 8,338,478 B2)
`IPR2016-00517 (Patent 7,985,772 B2)
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`Petitioner and Patent Owner requested oral hearing pursuant to 37
`C.F.R. § 42.70 in each of the above-referenced proceedings. Papers 35, 36.3
`The parties’ requests for oral hearing are granted.
`The proceedings will be conducted as a single, consolidated hearing,
`to commence at 1:00 PM EST on April 5, 2017, on the ninth floor of the
`Madison Building East, 600 Dulany Street, Alexandria, Virginia. The Board
`will provide a court reporter for the hearing and the reporter’s transcript will
`constitute the official record of the hearing.
`The hearing room can accommodate the lead counsel and a back-up
`counsel for each party. Other members of the parties will be accommodated,
`based on space availability, on a first-come, first-served basis. The hearing
`will be open to the public for in-person attendance that also will be
`accommodated on a first-come, first-served basis.
`Each party will have forty-five (45) minutes of total oral argument
`time. Petitioner bears the ultimate burden of proof that the patent claims at
`issue in this review are unpatentable. Petitioner, therefore, will proceed first
`to present its case regarding the pending grounds of unpatentability.
`Thereafter, Patent Owner will have the opportunity to respond to Petitioner’s
`
`
`3 Petitioner and Patent Owner filed substantively similar papers in all five
`cases. Unless otherwise noted, citations are to the papers filed in IPR2016-
`00510.
`
`
`
`2
`
`

`

`IPR2016-00510 (Patent 6,858,650 B1)
`IPR2016-00512 (Patent 7,384,980 B2)
`IPR2016-00514 (Patent 7,855,230 B2)
`IPR2016-00516 (Patent 8,338,478 B2)
`IPR2016-00517 (Patent 7,985,772 B2)
`
`case. If desired, Petitioner may reserve rebuttal time to respond to
`arguments presented by Patent Owner. Patent Owner may not reserve
`rebuttal time.
`At least seven (7) business days before the hearing date, each party
`shall serve on the other party any demonstrative exhibit(s) it intends to use
`during the hearing. See 37 C.F.R. § 42.70(b). The parties also shall provide
`a courtesy copy of any demonstrative exhibits to the Board at least three (3)
`business days before the hearing by emailing them to Trials@uspto.gov.
`Absent prior authorization, the parties shall not file any demonstrative
`exhibit(s) with the Board.
`Demonstrative exhibits are not evidence, but are intended to assist the
`parties in presenting their oral arguments to the Board. Demonstrative
`exhibits may not introduce new evidence or raise new argument but, instead,
`should cite to evidence in the record. The parties are directed to St. Jude
`Medical, Cardiology Division, Inc. v. The Board of Regents of the University
`of Michigan, IPR2013-00041 (PTAB January 27, 2014) (Paper 65), for
`guidance regarding the appropriate content of demonstrative exhibits.
`The Board expects that the parties will meet and confer in good faith
`to resolve any objections to demonstrative exhibits. For any objections that
`cannot be resolved after conferring, the parties may file jointly a one-page
`list of objections at least three (3) business days before the oral hearing. The
`list shall identify with particularity the portions of the demonstrative exhibits
`that are subject to objection and include a one-sentence statement of the
`basis for each objection. No argument or further explanation is permitted.
`
`
`
`3
`
`

`

`IPR2016-00510 (Patent 6,858,650 B1)
`IPR2016-00512 (Patent 7,384,980 B2)
`IPR2016-00514 (Patent 7,855,230 B2)
`IPR2016-00516 (Patent 8,338,478 B2)
`IPR2016-00517 (Patent 7,985,772 B2)
`
`The Board will consider any objections and schedule a conference call if
`deemed necessary. Otherwise, the Board will reserve ruling on the
`objections until the oral argument.
`Any objection to demonstrative exhibits that is not presented timely
`will be considered waived. Neither party shall be permitted to interrupt their
`opponent’s presentation to lodge objections to demonstrative exhibits during
`the oral hearing.
`Each party shall provide a hard copy of its demonstrative exhibits to
`the court reporter at the hearing. The parties also should note that at least
`one member of the panel will be attending the hearing electronically from a
`remote location, and that if a demonstrative is not made fully available or
`visible to the judge participating in the hearing remotely, that demonstrative
`will not be considered. The parties are reminded that the 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 court reporter’s transcript and the ability of the judge
`participating in the hearing remotely to closely follow the presenter’s
`arguments.
`The Board expects lead counsel for each party to be present in person
`at the oral hearing. However, any counsel of record may present the party’s
`argument. If either party expects 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 (2) business days prior to the oral hearing to
`discuss the matter.
`
`
`
`4
`
`

`

`IPR2016-00510 (Patent 6,858,650 B1)
`IPR2016-00512 (Patent 7,384,980 B2)
`IPR2016-00514 (Patent 7,855,230 B2)
`IPR2016-00516 (Patent 8,338,478 B2)
`IPR2016-00517 (Patent 7,985,772 B2)
`
`
`Questions regarding specific audio-visual equipment shall be directed
`to the Board at 571-272-9797. Requests for audio-visual equipment are to
`be made no later than five (5) days before the oral hearing date in an email
`communication to Trials@uspto.gov. If a request is not received timely, the
`equipment may not be available on the day of the oral hearing.
`
`
`It is
`ORDERED that a consolidated oral hearing, conducted pursuant to
`the procedures outlined above, shall commence at 1:00 PM EST on April 5,
`2017, on the ninth floor of the Madison Building East, 600 Dulany Street,
`Alexandria, Virginia.
`
`
`
`
`
`
`5
`
`

`

`IPR2016-00510 (Patent 6,858,650 B1)
`IPR2016-00512 (Patent 7,384,980 B2)
`IPR2016-00514 (Patent 7,855,230 B2)
`IPR2016-00516 (Patent 8,338,478 B2)
`IPR2016-00517 (Patent 7,985,772 B2)
`
`FOR PETITIONER:
`Mitchell G. Stockwell
`D. Clay Holloway
`Alyson L. Wooten
`KILPATRICK TOWNSEND & STOCKTON LLP
`mstockwell@kilpatricktownsend.com
`cholloway@kilpatricktownsend.com
`awooten@kilpatricktownsend.com
`
`FOR PATENT OWNER:
`Jeffrey J. Oelke
`Robert E. Counihan
`WHAITE & CASE LLP
`joelke@whitecase.com
`recounihan@whitecase.com
`
`
`
`
`6
`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket