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IPR2017-00060
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`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.
`
`
`PETITIONERS’ REQUEST FOR ORAL ARGUMENT
`
`
`
`
`
`
`
`
`
`1
`
`

`

`Pursuant to the Board’s March 29, 2017 Scheduling Order (Paper 8)
`
`Petitioners respectfully request oral argument for the trial currently scheduled
`
`on December 19, 2017. Pursuant to 37 C.F.R. § 42.70, Petitioners request one
`
`hour of argument time on the following instituted grounds of unpatentability,
`
`and associated issues, without intent to waive consideration of any issue not
`
`requested:
`
`I. Whether Claims 1-4 of the '608 Patent (Ex. 1001) are Unpatentable
`
`Under 35 U.S.C. § 103(a) as obvious over Spenser (Ex. 1004) and
`
`Elliot (Ex. 1005)
`
`II. Whether Claims 1-4 of the '608 Patent (Ex. 1001) are Unpatentable
`
`Under 35 U.S.C. § 103(a) as obvious over Spenser (Ex. 1004) and
`
`Thornton (Ex. 1019)
`
`III. Whether Claims 1-4 of the '608 Patent (Ex. 1001) are Unpatentable
`
`Under 35 U.S.C. § 103(a) as obvious over Spenser (Ex. 1004) and
`
`Cook (Ex. 1006)
`
`Petitioners request the use of audio/visual equipment to display
`
`demonstrative exhibits, including the use of a projector and screen for a
`
`PowerPoint display. In accordance with the Trial Practice Guide, 77 Fed. Reg. at
`
`48768, Petitioners will contact the Board Trial Division paralegal to discuss this
`
`request. Petitioners also expect that client representatives and litigation counsel for
`
`

`

`the related, pending litigation are expected to attend the hearing. As a result,
`
`Petitioners request that the hearing be assigned to one of the larger conference
`
`rooms to accommodate a larger audience.
`
`
`
`
`
`
`
`
`Dated: November 3, 2017
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully Submitted,
`
`
`
`
`
`
`
`
`
`
`
`/s/Gregory S. Cordrey
` Gregory S. Cordrey, Esq. (Reg. No. 44,089)
` Brian P. Egan, Esq. (Reg. No. 54,866)
` Catherine Nyarady, Esq. (Reg. No. 42,042)
` Attorney for Petitioners
`Edwards Lifesciences Corporation,
`Edwards Lifesciences LLC, and
`Edwards Lifesciences AG
`
`
`
`

`

`
`
`
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that on November
`
`CERTIFICATE OF SERVICE
`
`3, 2017, a complete and entire copy of PETITIONERS’ REQUEST FOR ORAL
`
`ARGUMENT has been served in its entirety by e-mail on the following addresses
`
`of record for Patent Owner:
`
`jennifer.sklenar@apks.com
`
`wallace.wu@apks.com
`
`marc.cohn@apks.com
`
`matthew.wolf@apks.com
`
`edward.han@apks.com
`
`
`
`
`Dated: November 3, 2017
`
`
`
`
`
`
`
`
`
`
` /s/Gregory S. Cordrey
`Gregory S. Cordrey, Esq. (Reg. No. 44,089)
`Attorney for Petitioners
`Edwards Lifesciences Corporation,
`Edwards Lifesciences LLC, and
`Edwards Lifesciences AG
`
`

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