`______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`______________
`
`EDWARDS LIFESCIENCES CORPORATION, EDWARDS
`LIFESCIENCES LLC, AND EDWARDS LIFESCIENCES AG
`
`Petitioners,
`
`v.
`
`BOSTON SCIENTIFIC SCIMED, INC.,
`
`Patent Owner.
`______________
`
`Case IPR2017-00060
`Patent 8,992,608
`______________
`
`Before the Honorable NEIL T. POWELL, JAMES A. TARTAL, and
`ROBERT L. KINDER, Administrative Patent Judges.
`
`PATENT OWNER’S REQUEST FOR ORAL ARGUMENT
`PURSUANT TO 37 C.F.R. § 42.70
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`Patent Owner Boston Scientific Scimed, Inc. hereby respectfully submits
`
`this Request for Oral Argument pursuant to 37 C.F.R. § 42.70(a) on those issues
`
`for which the Board has granted inter partes review, including:
`
`1. Whether Petitioner has carried its burden of showing that claims 1-4
`
`of U.S. Patent No. 8,992,608 (the “‘608 patent”) are unpatentable under 35 U.S.C.
`
`§ 103 over Spenser and Elliot;
`
`2. Whether Petitioner has carried its burden of showing that claims 1-4
`
`of the ‘608 patent are unpatentable under 35 U.S.C. § 103 over Spenser and
`
`Thornton;
`
`3. Whether Petitioner has carried its burden of showing that claims 1-4
`
`of the ‘608 patent are unpatentable under 35 U.S.C. § 103 over Spenser and Cook;
`
`and
`
`4. Whether Petitioner has carried its burden of establishing admissibility
`
`of the Declaration of Nigel P. Buller, M.D. (Ex. 1007) and Reply Declaration of
`
`Nigel P. Buller, M.D. (Ex. 1045).
`
`Oral argument is currently scheduled for December 19, 2017. Patent Owner
`
`respectfully requests one hour for its argument regarding this proceeding.
`
`Further, Patent Owner respectfully requests the ability to use audio/visual
`
`equipment at oral argument, including an Elmo, projector, and screen to display
`
`demonstratives and exhibits.
`
`-1-
`
`
`
`Dated: November 3, 2017
`
`Respectfully submitted
`/Jennifer A. Sklenar /
`Jennifer A. Sklenar (Reg. No. 40,205)
`Wallace Wu (Reg. No. 45,380)
`ARNOLD & PORTER
`KAYE SCHOLER LLP
`777 S. Figueroa Street, 44th Floor
`Los Angeles, CA 90017-5844
`Tel:
`(213) 243-4000
`Fax:
`(213) 243-4199
`
`Attorneys for Patent Owner Boston
`Scientific Scimed, Inc.
`
`-2-
`
`
`
`CERTIFICATE OF SERVICE
`The undersigned certifies that a copy of the foregoing PATENT OWNER’S
`REQUEST FOR ORAL ARGUMENT PURSUANT TO 37 C.F.R. § 42.70 was
`served on November 3, 2017 to the following Counsel for Petitioner via e-mail:
`
`Gregory S. Cordrey (Reg. No. 44,089)
`Jeffer Mangels Butler & Mitchell, LLP
`3 Park Plaza, Suite 1100
`Irvine, CA 926214
`Email: gcordrey@jmbm.com
`Telephone: 949-623-7200
`Facsimile: 949-623-7201
`
`Brian Egan (Reg. No. 54,866)
`Morris, Nichols, Arsht & Tunnell, LLP
`1201 North Market Street
`P.O. Box 1347
`Wilmington, DE 19899-1347
`Email: began@MNAT.com
`Telephone: 302-351-9454
`Facsimile: 302-498-6216
`
`Catherine Nyarardy (Reg. No. 42,042)
`Paul, Weiss, Rifkind, Wharton &
`Garrison, LLP
`1285 Avenue of the Americas
`New York, NY 10019
`Email: cnyarardy@paulweiss.com
`Telephone: 212-373-3532
`Facsimile: 212-492-0532
`
`Attorneys for Petitioners Edwards LifeSciences Corporation, Edwards Lifesciences
`LLC, and Edwards Lifesciences AG
`
`/Jennifer A. Sklenar /
`Jennifer A. Sklenar (Reg. No. 40,205)
`ARNOLD & PORTER LLP
`777 S. Figueroa Street, 44th Floor
`Los Angeles, CA 90017-5844
`Tel:
`(213) 243-4000
`Fax: (213) 243-4199
`
`-i-
`
`
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