`Tel: 571-272-7822
`
`
`
`
`Paper: 58
`Entered: February 6, 2023
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`SLAYBACK PHARMA LLC,
`Petitioner,
`v.
`EYE THERAPIES, LLC,
`Patent Owner.
`
`IPR2022-00142
`Patent 8,293,742 B2
`
`
`Before TINA E. HULSE, ROBERT A. POLLOCK, and RYAN H. FLAX,
`Administrative Patent Judges.
`
`HULSE, Administrative Patent Judge.
`
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`IPR2022-00142
`Patent 8,293,742 B2
`
`
`
`
`Oral argument in this proceeding has been set for February 27, 2023, at the
`USPTO Headquarters in Alexandria, Virginia. Paper 54, 1. In an e-mail
`correspondence to the Board, Patent Owner notified the Board that certain
`information that may be presented during the hearing will be of a confidential
`nature. Patent Owner, therefore, requested that portions of the oral hearing be
`closed to the public so that confidential information may be discussed. Patent
`Owner indicated that Petitioner does not oppose Patent Owner’s request.
`Patent Owner’s request is granted. But because there is a strong public
`policy for making all information in an inter partes review open to the public—
`including oral hearings—we provide the following guidelines to the parties for
`presenting confidential information at the hearing:
`• The parties shall reserve all argument disclosing confidential information
`until the end of the hearing, at which time the Board will close the hearing
`room to the public.
`• The parties’ arguments during the closed portion of the hearing shall proceed
`in the same manner as the open portion of the hearing (i.e., Petitioner’s
`opening, Patent Owner’s response, Petitioner’s Rebuttal, and Patent Owner’s
`Sur-rebuttal).
`• The parties shall make every effort to minimize the amount of time needed
`to close the hearing room. For example, if arguments can be made by
`reference to exhibit numbers without disclosing confidential information, the
`parties should do so.
`
`• The parties shall meet and confer to agree on how much time is needed to
`discuss any confidential information.
`• The parties shall e-mail the Board by no later than February 20, 2023, to
`jointly request the agreed-upon amount of time needed to discuss any
`confidential information. If the panel finds the amount of time requested is
`excessive, the panel shall determine a more appropriate amount of time and
`notify the parties before the hearing.
`
` 1
`
`
`
`
`
`
`
`IPR2022-00142
`Patent 8,293,742 B2
`
`
`
`
`• The parties shall determine amongst themselves who is permitted to stay in
`the hearing room once the hearing room is closed.
`• The parties’ demonstratives, if any, shall not contain any confidential
`information and should be filed publicly pursuant to 37 C.F.R. 42.70(b).
`The parties may request a conference call with the panel to discuss any of
`these guidelines before the hearing.
`
`
`
`
`FOR PETITIONER:
`
`Linnea Cipriano
`Patrick Pollard
`Louis Weinstein
`WINDELS MARX LANE & MITTENDORF LLP
`lcipriano@goodwinlaw.com
`ppollard@windelsmarx.com
`lweinstein@windelsmarx.com
`
`
`FOR PATENT OWNER:
`
`Bryan Diner
`Justin Hasford
`Caitlin O’Connell
`Christina Ji-Hye Yang
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP
`justin.hasford@finnegan.com
`caitlin.o’connell@finnegan.com
`christina.yang@finnegan.com
`
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