`571-272-7822
`
`
`
`
`
`
`
`
`
`
`
`
`
` Paper No. 40
`
`
` Entered: April 10, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ARGENTUM PHARMACEUTICALS LLC,
`Petitioner,
`
`v.
`
`CIPLA LTD.,
`Patent Owner.
`____________
`
`Case IPR2017-00807
`Patent 8,168,620 B2
`____________
`
`
`
`Before JAMES T. MOORE, ZHENYU YANG, and
`KRISTI L. R. SAWERT, Administrative Patent Judges.
`
`SAWERT, Administrative Patent Judge.
`
`
`
`ORDER
`Oral Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`IPR2017-00807
`Patent 8,168,620 B2
`
`
`Petitioner and Patent Owner have each requested an oral hearing for
`the above-captioned proceeding pursuant to 37 C.F.R. § 42.70. Papers 39
`(Petitioner), 38 (Patent Owner). The requests are granted. Oral arguments
`will commence at 2:00 PM Eastern Time on Wednesday, May 16, 2018, on
`the ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
`Virginia.
`
`Each side will have forty-five (45) minutes to present arguments.
`Petitioner bears the ultimate burden of proof that the claims at issue in this
`review are unpatentable. Petitioner will open the hearing by presenting its
`case regarding the challenged claims for which the Board instituted trial.
`Patent Owner will then respond to Petitioner’s arguments. Thereafter, to the
`extent that Petitioner reserves time, Petitioner will then have an opportunity
`to rebut Patent Owner’s presentation.
`The hearing will be open to the public for in-person attendance that
`will be accommodated on a first-come, first-served basis. The Board will
`provide a court reporter, and the transcript shall constitute the official record
`of the hearing.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at
`least seven (7) business days before the hearing. The parties also shall
`provide the demonstrative exhibits to the Board at least two business days
`prior to the hearing by emailing them to Trials@uspto.gov. Despite the
`requirement in § 42.70(b) for parties to file demonstratives, the parties shall
`not file any demonstrative exhibits in this case without prior authorization
`from the Board. A hard copy of the demonstratives should be provided to
`the court reporter at the hearing.
`
`
`
`
`2
`
`
`
`IPR2017-00807
`Patent 8,168,620 B2
`
`
`The parties are directed to St. Jude Medical, Cardiology Division, Inc.
`v. The Board of Regents of the University of Michigan, Case IPR2013-00041
`(PTAB Jan. 27, 2014) (Paper 65), 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, but
`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. The Board
`will consider any objections and schedule a conference call if deemed
`necessary. Otherwise, the Board will reserve ruling on the objections. Any
`objection to demonstrative exhibits that is not timely presented will be
`considered waived.
`The parties are also 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.
`The Board expects lead counsel for each party to be present at
`hearing, although any backup counsel may make the actual presentation, in
`whole or in part. If any lead counsel will not be in attendance at hearing, the
`Board should be notified via a joint telephone conference call no later than
`two (2) business days prior to the hearing to discuss the matter.
`Questions regarding specific audio-visual equipment should be
`directed to the Board at (571) 272-9797. Requests for audio-visual
`
`
`
`3
`
`
`
`IPR2017-00807
`Patent 8,168,620 B2
`
`equipment are to be made five (5) days in advance of the hearing date. The
`request is to be sent to Trials@uspto.gov, any requests not sent specifically
`to that email address will not be considered timely. If the request is not
`received timely, the equipment may not be available on the day of the
`hearing.
`
`PETITIONER:
`
`Michael R. Houston
`Joseph P. Meara
`James P. McParland
`FOLEY & LARDNER LLP
`mhouston@foley.com
`jmeara-pgp@foley.com
`jmcparland@foley.com
`
`Tyler C. Liu
`ARGENTUM PHARMACEUTICALS LLC
`tliu@agpharm.com
`
`PATENT OWNER:
`
`Dennies Varughese
`Deborah A. Sterling
`Adam C. LaRock
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`dvarughe-PTAB@skgf.com
`dsterlin-PTAB@skgf.com
`alarock-PTAB@skgf.com
`
`
`
`4
`
`
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