Trials@uspto.gov
`Tel: 571-272-7822
`
`
`Paper 31
`Entered: March 21, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`LUPIN LIMITED,
`Petitioner,
`
`v.
`
`VERTEX PHARMACEUTICALS INCORPORATED,
`Patent Owner.
`_______________
`
`Case IPR2016-00558
`Patent 6,436,989 B1
`_______________
`
`
`
`Before LORA M. GREEN, SHERIDAN K. SNEDDEN, and
`ROBERT A. POLLOCK, Administrative Patent Judges.
`
`SNEDDEN, Administrative Patent Judge.
`
`
`
`
`
`ORDER
`Granting Request for Oral Argument
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`
`
`Tel: 571-272-7822
`
`
`Paper 31
`Entered: March 21, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`LUPIN LIMITED,
`Petitioner,
`
`v.
`
`VERTEX PHARMACEUTICALS INCORPORATED,
`Patent Owner.
`_______________
`
`Case IPR2016-00558
`Patent 6,436,989 B1
`_______________
`
`
`
`Before LORA M. GREEN, SHERIDAN K. SNEDDEN, and
`ROBERT A. POLLOCK, Administrative Patent Judges.
`
`SNEDDEN, Administrative Patent Judge.
`
`
`
`
`
`ORDER
`Granting Request for Oral Argument
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`
`
`
`IPR2016-00558
`Patent 6,436,989 B1
`
`I.
`INTRODUCTION
`The oral hearing for this case is schedule for April 5, 2017. Both
`parties have requested oral hearing pursuant to 37 C.F.R. § 42.70. Papers 26
`and 28. The parties’ requests for oral hearing are granted.
`
`A. Time and Format
`
`The hearing will commence at 9:30 AM Eastern Time on
`April 5, 2017. 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.
`Petitioner will have 45 minutes to present its argument in this case.
`Patent Owner will have 45 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 its 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.
`The Board will provide a court reporter for the hearing and the
`reporter’s transcript will constitute the official record of the hearing.
`
`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
`
` 2
`
`
`
`
`
`
`
`IPR2016-00558
`Patent 6,436,989 B1
`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
`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.
`
` 3
`
`
`
`
`
`
`
`IPR2016-00558
`Patent 6,436,989 B1
`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.
`
`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. 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.
`
`
`
`
` 4
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`IPR2016-00558
`Patent 6,436,989 B1
`PETITIONER:
`
`Stephen Auten
`Richard Ruzich
`Jane Berman
`TAFT STETTINIUS & HOLLISTER LLP
`sauten@taftlaw.com
`rruzich@taftlaw.com
`jberman@taftlaw.com
`
`PATENT OWNER:
`
`Brian Nolan
`Scott McMurry
`Lisa Ferri
`MAYER BROWN LLP
`bnolan@mayerbrown.com
`smcmurry@mayerbrown.com
`lferri@mayerbrown.com
`
`
` 5
`
`
`
`
`
`
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