`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`INTUITIVE SURGICAL, INC.,
`Petitioner,
`
`v.
`
`ETHICON LLC,
`Patent Owner.
`
`Case IPR2019-00880
`U.S. Patent No. 7,490,749 B2
`
`PATENT OWNER’S REQUEST FOR ORAL ARGUMENT
`
`
`
`Pursuant to 37 C.F.R. § 42.70, Patent Owner Ethicon LLC respectfully
`
`submits this Request for Oral Argument. The Board has currently scheduled
`
`the oral hearing in IPR2019-00880 for July 9, 2020. Patent Owner specifies
`
`the following issues to be argued:
`
`•
`
`•
`
`•
`
`•
`
`•
`
`Whether claims 1 and 3 of U.S. Patent No. 7,490,749 (the 749
`
`Patent) are anticipated under 35 U.S.C. § 102 and/or rendered
`
`obvious under 35 U.S.C. § 103 by Shelton II (US 2006/0175375);
`
`Whether claims 1 and 3 of the 749 Patent are anticipated under 35
`
`U.S.C. § 102 and/or rendered obvious under 35 U.S.C. § 103 by
`
`Swayze (US 2005/0178813);
`
`Whether claims 1 and 3 of the 749 Patent are anticipated under 35
`
`U.S.C. § 102 by Shelton I (US 8,322,455);
`
`How the Petitioner has failed to carry its burden to establish that any
`
`of the claims of the 749 Patent are invalid over the prior art and that
`
`the challenged claims should be confirmed as patentable;
`
`Any other issue the Board deems necessary for issuing a final written
`
`decision.
`
`Patent Owner requests forty-five minutes of time to address the issues
`
`identified above. To the extent the Board schedules the hearing to last more
`
`1
`
`
`
`than ninety minutes, however, Patent Owner requests that it be given half
`
`the length of the hearing to address these issues.
`
`Patent Owner requests that ten spaces be reserved at the oral hearing to
`
`accommodate its counsel and corporate representatives.
`
`Date: May 21, 2020
`
`Respectfully submitted,
`
`/Anish R. Desai/
`Anish R. Desai (Reg. No. 73,760)
`Elizabeth S. Weiswasser (Reg. No. 55,721)
`Weil, Gotshal & Manges LLP
`767 Fifth Avenue
`New York, NY 10153
`Anish.Desai@weil.com
`Elizabeth.Weiswasser@weil.com
`
`Adrian Percer (Reg. No. 46,986)
`Weil, Gotshal & Manges LLP
`201 Redwood Shores Parkway
`Redwood Shores, CA 94065
`Adrian.Percer@weil.com
`
`Christopher T. Marando (Reg. No. 67,898)
`Christopher M. Pepe (Reg. No. 73,851)
`Weil, Gotshal & Manges LLP
`2001 M Street, N.W., Suite 600
`Washington, DC 20036
`Christopher.Marando@weil.com
`Christopher.Pepe@weil.com
`
`Counsel for Patent Owner Ethicon LLC
`
`2
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that on May 21, 2020, the foregoing
`
`PATENT OWNER’S REQUEST FOR ORAL ARGUMENT was served via
`
`electronic mail, upon the following:
`
`Steven R. Katz
`Joshua A. Griswold
`Kenneth W. Darby, Jr.
`John C. Phillips
`Ryan P. O’Connor
`Fish & Richardson P.C.
`3200 RBC Plaza, 60 South Sixth Street
`Minneapolis, MN 55402
`katz@fr.com
`griswold@fr.com
` kdarby@fr.com
` phillips@fr.com
`oconnor@fr.com
`
`IPR11030-0052IP1@fr.com
`PTABInbound@fr.com
`
`/Kathy Shalabi/
`Kathy Shalabi
`Paralegal
`Weil, Gotshal & Manges LLP
`2001 M Street, N.W., Ste. 600
`Washington, DC 20036
`kathy.shalabi@weil.com
`
`3
`
`
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