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`Sean R. Kelly
`(973) 622-4801
`skelly@saiber.com
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`September 15, 2015
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`Jazz Pharmaceuticals, Inc. v. Amneal Pharmaceuticals, LLC
`C.A. No. 2:13-cv-00391 (ES)(JAD) (Consolidated)
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`Re:
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`VIA ELECTRONIC FILING AND FIRST CLASS MAIL
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`The Honorable Esther Salas, U.S.D.J.
`United States District Court
`Martin Luther King Jr. Federal Courthouse
`50 Walnut Street, Room 2060
`Newark, New Jersey 07101
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`Dear Judge Salas:
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`This firm, together with Arent Fox LLP, represents Par Pharmaceutical, Inc.
`(“Par”) in the above-captioned consolidated matter. We write today to inform you that, on
`September 14, 2015, Par and Amneal Pharmaceuticals LLC (“Amneal”) jointly filed a Petition
`for Inter Partes Review (“IPR”) under 35 U.S.C. §§ 311-319 for the following patent at issue in
`this Action: U.S. Patent No. 8,731,963 (the ’963 patent). The Petition has been given the
`following trial number: IPR2015-01903.
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`As indicated in our previous correspondence with the Court regarding the filing of
`six related IPR petitions (ECF No. 107), the Petition seeks for the United States Patent and
`Trademark Office Patent Trials and Appeals Board (“PTAB”) to admit the ’963 patent to Inter
`Partes Review and, subsequently, cancel all asserted claims of the ’963 patent under 35 U.S.C. §
`103. As the outcome of the Petition could result in the cancellation of one or more claims of the
`’963 patent and affect Jazz Pharmaceuticals, Inc.’s ability to assert infringement of those claims
`in this Action, Par and Amneal wanted to inform your Honor of the concurrent proceeding before
`the PTAB.
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`Finally, as Your Honor may be aware of, the PTAB has discretion over whether to
`institute a full IPR proceeding based upon the Petition, and has not yet done so. Accordingly,
`no action is required or sought from Your Honor at this time.
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`We thank the Court for its consideration in this matter.
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`Case 2:13-cv-00391-ES-JAD Document 164 Filed 09/15/15 Page 2 of 2 PageID: 2148
`The Honorable Esther Salas, U.S.D.J.
`September 15, 2015
`Page 2
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`Respectfully submitted,
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`s/ Sean R. Kelly
`Sean R. Kelly
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`All counsel of record (by CM/ECF and electronic mail)
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`cc:
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