Paper: 58
`Trials@uspto.gov
`Entered: July 17, 2018
`Tel: 571-272-7822
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`
`
`TARO PHARMACEUTICALS U.S.A., INC.,
`Petitioner,
`v.
`APOTEX TECHNOLOGIES, INC.,
`Patent Owner.
`
`Case IPR2017-01446
`Patent 7,049,328 B2
`
`
`Before JEFFREY N. FREDMAN, ZHENYU YANG, and
`MICHELLE N. ANKENBRAND, Administrative Patent Judges.
`
`FREDMAN, Administrative Patent Judge.
`
`
`
`
`ORDER
`Granting Request for Oral Argument
`37 C.F.R. § 42.70
`
`
`
`Pursuant to 37 C.F.R. § 42.70, the Scheduling Order (Paper 8), and
`the Joint Notice of Stipulation to Revised Schedule (Paper 28), both parties
`have requested oral hearing. Papers 47, 49. The parties’ requests for oral
`hearing are granted.
`
`
`
`
`Trials@uspto.gov
`Entered: July 17, 2018
`Tel: 571-272-7822
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`
`
`TARO PHARMACEUTICALS U.S.A., INC.,
`Petitioner,
`v.
`APOTEX TECHNOLOGIES, INC.,
`Patent Owner.
`
`Case IPR2017-01446
`Patent 7,049,328 B2
`
`
`Before JEFFREY N. FREDMAN, ZHENYU YANG, and
`MICHELLE N. ANKENBRAND, Administrative Patent Judges.
`
`FREDMAN, Administrative Patent Judge.
`
`
`
`
`ORDER
`Granting Request for Oral Argument
`37 C.F.R. § 42.70
`
`
`
`Pursuant to 37 C.F.R. § 42.70, the Scheduling Order (Paper 8), and
`the Joint Notice of Stipulation to Revised Schedule (Paper 28), both parties
`have requested oral hearing. Papers 47, 49. The parties’ requests for oral
`hearing are granted.
`
`
`
`
`
`IPR2017-01446
`Patent 7,049,328 B2
`
`
`Time and Format
`Oral arguments will commence at 1:00 PM Eastern Time on August
`9, 2018, on the 9th floor of Madison Building East, 600 Dulany Street,
`Alexandria, Virginia. Each side will have a total of 45 minutes to present
`arguments during the hearing.
`Petitioner will open the hearing and may present arguments regarding
`any of the challenged claims or grounds and its Motion to Exclude. Patent
`Owner will then respond to Petitioner’s arguments, and may additionally
`present its arguments regarding its Motion to Exclude. Petitioner may
`reserve rebuttal time to respond to Patent Owner’s arguments on all issues.
`The Board will provide a court reporter for the hearing and the
`reporter’s transcript will constitute the official record of the hearing and will
`be entered into the case.
`The hearing will be open to the public for in-person attendance, which
`will be accommodated on a first come, first served basis. The parties are
`reminded that certain confidential information previously has been sealed
`under a Protective Order entered in this proceeding. See, e.g., Papers 35, 37.
`The parties are advised to not include any confidential information in the
`demonstrative exhibits or specifically refer to confidential information in the
`arguments. Alternatively, the party that originally moved to seal the
`information may waive its request and choose to disclose and rely on the
`confidential information during the oral argument.
`Demonstratives
`Demonstrative exhibits shall be served on opposing counsel by July
`31, 2018. Notwithstanding 37 C.F.R. § 42.70(b), each party shall, instead of
`filing, provide a courtesy copy of the demonstrative exhibits to the Board at
`
`2
`
`
`
`IPR2017-01446
`Patent 7,049,328 B2
`
`least three business days prior to the hearing by emailing them to
`Trials@uspto.gov.
`Any argument presented in the demonstrative exhibits must be
`supported by evidence already of record. The demonstrative exhibits,
`however, are not evidence. Instead, they are intended to assist the parties in
`presenting their oral arguments to the Board. Also, the demonstrative
`exhibits are not a mechanism for making arguments not previously
`presented. The panel will not consider arguments or evidence appearing
`only in demonstrative exhibits.
`Due to the nature of the demonstrative exhibits, the panel does not
`anticipate that objections to such exhibits would likely be sustained.
`Nevertheless, to the extent that there is any objection to the propriety of the
`demonstrative exhibits, the parties shall meet and confer in good faith to
`resolve any issue. If the parties cannot resolve the issues regarding the
`demonstrative exhibits on their own, the objecting party may file a one-page
`list of its objections to the demonstrative exhibits with the Board at least two
`business days before the hearing. The objecting party should identify with
`particularity which portions of the demonstrative exhibits it objects to, and
`include a one-sentence statement of the reason for each objection. No
`argument or further explanation is permitted. The panel will schedule a
`conference call if necessary. Any objection to demonstrative exhibits that is
`not timely presented will be considered waived.
`To aid in the preparation of an accurate transcript, each party shall
`provide a paper copy of any demonstratives to the court reporter on the day
`of the oral arguments. Such paper copies will not become part of the record
`of this proceeding.
`
`3
`
`
`
`IPR2017-01446
`Patent 7,049,328 B2
`
`
`In addition, at least one member of the panel may be attending the
`hearing electronically from a remote location and may not be able to view
`the projection screen in the hearing room. In particular, documents
`presented on the Elmo projector are not visible to remote judges, so please
`plan accordingly. If a demonstrative exhibit is not made available or visible
`to the judge(s) presiding over the hearing remotely, that demonstrative will
`not be considered. 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 and for the benefit of the judge(s) presiding over the hearing
`remotely. The presenter should speak only when standing at the hearing
`room lectern because there are limitations on the audio transmission systems
`in our hearing rooms.
`
`Lead Counsel
`The Board expects lead counsel for each party to be present at the oral
`hearing, although any counsel of record 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 business days prior to the oral hearing,
`and such lead counsel shall be available for a conference call if necessary.
`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 must be made five business days prior to 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
`
`
`
`IPR2017-01446
`Patent 7,049,328 B2
`
`
`
`PETITIONER:
`Huiya Wu
`Robert V. Cerwinski
`Sara Fink
`GOODWIN PROCTER LLP
`hwu@goodwinlaw.com
`rcerwinski@goodwinlaw.com
`sfink@goodwinlaw.com
`
`PATENT OWNER:
`W. Blake Coblentz
`Aaron S. Lukas
`COZEN O’CONNOR
`WCoblentz@cozen.com
`ALukas@cozen.com
`
`5
`
`
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