Trials@uspto.gov
`571-272-7822
`
`
`
`
` Paper 41 (IPR2017-00378)
` Paper 40 (IPR2017-00380)
` Paper 40 (IPR2017-00390)
` Entered: January 25, 2018
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MERCK SHARP & DOHME CORP.,
`Petitioner,
`
`v.
`
`WYETH LLC,
`Patent Owner.
`____________
`
`Case IPR2017-00378
`Case IPR2017-00380
`Case IPR2017-00390
`Patent 8,562,999 B2
`____________
`
`Before ERICA A. FRANKLIN, SHERIDAN K. SNEDDEN, and
`JACQUELINE T. HARLOW, Administrative Patent Judges.
`
`FRANKLIN, Administrative Patent Judge.
`
`ORDER1
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
` 1
`
` This Order addresses issues common to each captioned case. Thus, we
`enter the same Order in each case.
`
`
`
`
`
`571-272-7822
`
`
`
`
` Paper 41 (IPR2017-00378)
` Paper 40 (IPR2017-00380)
` Paper 40 (IPR2017-00390)
` Entered: January 25, 2018
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MERCK SHARP & DOHME CORP.,
`Petitioner,
`
`v.
`
`WYETH LLC,
`Patent Owner.
`____________
`
`Case IPR2017-00378
`Case IPR2017-00380
`Case IPR2017-00390
`Patent 8,562,999 B2
`____________
`
`Before ERICA A. FRANKLIN, SHERIDAN K. SNEDDEN, and
`JACQUELINE T. HARLOW, Administrative Patent Judges.
`
`FRANKLIN, Administrative Patent Judge.
`
`ORDER1
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
` 1
`
` This Order addresses issues common to each captioned case. Thus, we
`enter the same Order in each case.
`
`
`
`
`
`
`IPR2017-00378; IPR2017-00380; IPR2017-00390
`Patent 8,562,999 B2
`
`
`Petitioner and Patent Owner have each filed a request for oral hearing
`pursuant to 37 C.F.R. § 42.70. Papers 35, 36.2 The requests are granted
`according to the terms set forth in this Order. The oral argument will
`commence at 1:00 PM Eastern Time on Tuesday, February 27, 2018, in
`Hearing Room D on the ninth floor of Madison Building East, 600 Dulany
`Street, Alexandria, Virginia.
`Each party will have one hour to present arguments. Petitioner bears
`the ultimate burden of proof that the claims at issue in this review are
`unpatentable. Therefore, at oral argument, Petitioner will proceed first to
`present its case regarding the challenged patent claims and the grounds on
`which the Board instituted trial. Petitioner may reserve some of its argument
`time to respond to arguments presented by the Patent Owner. After
`Petitioner’s initial presentation, Patent Owner will be given an opportunity
`to respond. Thereafter, Petitioner may use any reserved time to reply to
`Patent Owner’s presentation. Patent Owner may not reserve rebuttal time.
`The hearing will be open to the public for in-person attendance that
`will be accommodated on a first-come, first-served basis. Please be advised,
`available seating is limited. The Board will provide a court reporter, and the
`reporter’s transcript shall constitute the official record of the trial hearing.
`The parties shall serve any demonstrative exhibits on opposing
`counsel at least seven business days before the hearing. The parties shall
`also provide a courtesy copy of any demonstrative exhibits to the Board no
`later than two business days before the hearing by emailing them to
`
`
`
` 2
`
` Citation refers to papers filed in IPR2017-00378. Similar papers were filed
`in each case.
`
`
`
`2
`
`
`
`IPR2017-00378; IPR2017-00380; IPR2017-00390
`Patent 8,562,999 B2
`
`Trials@uspto.gov. Notwithstanding 37 C.F.R. § 42.70(b), the parties shall
`not file any demonstrative exhibits in these proceedings.
`Demonstrative exhibits are not evidence and are intended only to
`assist the parties in presenting their oral argument to the panel. The parties
`are directed to St. Jude Medical, Cardiology Division, Inc. v. The Board of
`Regents of the University of Michigan, IPR2013-00041 (PTAB Jan. 27,
`2014) (Paper 65) for guidance regarding the appropriate content of
`demonstrative exhibits.
`The parties shall confer with each other regarding any objections to
`demonstrative exhibits. For any issue that cannot be resolved after
`conferring, the parties may each file a one-page list of objections at least two
`business days before the hearing. The list should identify with particularity
`which demonstrative exhibits are subject to objection and include a short
`statement of the reason for each objection. No argument or further
`explanation is permitted. The Board will consider the objections and
`schedule a telephone conference if deemed necessary. Otherwise, the Board
`will reserve ruling on the objections until after the oral argument. Any
`objection to demonstrative exhibits that is not timely presented will be
`considered waived.
`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
`reporter’s transcript, and to assist Judge Harlow who will join the hearing
`remotely from Denver, Colorado. Judge Harlow will be unable to view
`images projected in the hearing room. Similarly, to ensure presenters may
`
`
`
`3
`
`
`
`IPR2017-00378; IPR2017-00380; IPR2017-00390
`Patent 8,562,999 B2
`
`be heard by Judge Harlow, the parties are reminded to speak only when
`standing at the hearing room podium and toward the attached microphone.
`The Board expects lead counsel for each party to be present in person
`at the oral hearing. Any counsel of record, however, may present the party’s
`argument. If either party anticipates 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 business days prior to the oral
`hearing to discuss the matter.
`The parties may request the use of audio-visual equipment during the
`oral hearing. Such requests should be directed to Trials@uspto.gov at least
`five business days in advance of the hearing date. If the request is not
`received timely, the equipment may not be available on the day of the
`hearing.
`Accordingly, it is
`ORDERED that oral arguments in this proceeding shall take place
`beginning at 1:00 PM Eastern Time on February 27, 2018, in Hearing Room
`D on the ninth floor of Madison Building East, 600 Dulany Street,
`Alexandria.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`4
`
`
`
`IPR2017-00378; IPR2017-00380; IPR2017-00390
`Patent 8,562,999 B2
`
`PETITIONER:
`
`Arlene L. Chow
`Ernest Yakob
`HOGAN LOVELLS US LLP
`arlene.chow@hoganlovells.com
`ernest.yakob@hoganlovells.com
`
`PATENT OWNER:
`
`John Scheibeler
`Dimitrios T. Drivas
`Eric Krause
`WHITE & CASE LLP
`jscheibeler@whitecase.com
`ddrivas@whitecase.com
`eric.krause@whitecase.com
`
`
`
`5
`
`
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