`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` Case IPR: 2013-00331
`
`
`
`
`
`
` Patent No. 8,361,497
`
`
`
`
`
`
` Attorney Docket No. 159.1024
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`CAPSUGEL BELGUIM NV
`Petitioner
`
`v.
`
`INNERCAP TECHNOLOGIES, INC.
`
`Patent Owner
`
`Case IPR: 2013-00331
`U.S. Patent No. 8,361,497
`Issued: January 29, 2013
`Filed: January 19, 2010
`Inventor: Fred H. Miller
`Title: Multi-Phase, Multi-
`Compartment, Capsular
`Delivery Apparatus and
`Methods of Using the
`Same
`
`
`
`
`
`
`PATENT OWNER’S REQUEST FOR ADVERSE JUDGMENT
`UNDER 37 C.F.R. § 42.73(b)
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
` Case IPR: 2013-00331
`
`
`
`
`
`
` Patent No. 8,361,497
`
`
`
`
`
`
` Attorney Docket No. 159.1024
`
`
`
`
`
`
`ARGUMENT
`
`
`
`
`
`
`
`
`
`
`The Board initiated trial in the above-captioned proceeding for claims 2-5,
`
`7-14, 16-21 and 24-26. (IPR2013-00134, Paper 9, p. 2.) No trial was initiated for
`
`claims 6, 15, 22 and 23 (id.) and the petitioner Capsugel did not request rehearing.
`
`During a conference call on January 10, 2014, Patent Owner Innercap inquired
`
`as to the procedure for filing a request for adverse judgment under 37 C.F.R. §
`
`42.73(b)(2).) At that time, the Board indicated that prior authorization was not
`
`required to request adverse judgment. In any event, in paper 12 entered on January
`
`17, 2014, the Board authorized Innercap to file a motion for adverse judgment, and
`
`stated that the motion should be filed no later than January 24, 2014.
`
`Innercap now respectfully asks that the Board cancel claims 2-5, 7-14, 16-21
`
`and 24-26 and enter adverse judgment against it.
`
`
`
`
`
`- 2 -
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` Case IPR: 2013-00331
`
`
`
`
`
`
` Patent No. 8,361,497
`
`
`
`
`
`
` Attorney Docket No. 159.1024
`
`
`
`
`
`
`RELIEF REQUESTED
`
`In view of the cancellation of all claims remaining in the trial, Innercap
`
`respectfully requests the Board enter a final adverse judgment against Innercap in
`
`this case pursuant to 37 C.F.R. § 42.73(b)(2).
`
`Respectfully Submitted,
`
`DAVIDSON, DAVIDSON & KAPPEL, LLC.
`
`
`
`/Clifford M. Davidson/
`
`
`
` Clifford M. Davidson
` Registration No. 32,728
`Attorney for Patent Owner Innercap Technologies, Inc.
`
`Date: January 24, 2014
`
`Davidson, Davidson & Kappel, LLC
`485 Seventh Avenue, 14th Floor
`New York, New York 10018
`(212) 736-0778
`
`
`
`
`
`- 3 -
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` Case IPR: 2013-00331
`
`
`
`
`
`
` Patent No. 8,361,497
`
`
`
`
`
`
` Attorney Docket No. 159.1024
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on this 24th day of January 24, 2014, a true and correct
`
`copy of the foregoing NOTICE RE FILING OF DISCLAIMER IN PATENT
`
`UNDER 37 CFR 1.321(a) was served, in accordance with the parties’ electronic
`
`service agreement, by electronic mail upon the following lead and backup counsel of
`
`record for Petitioners Capsugel Belgium NV:
`
`
`
`Anthony C. Tridico, Lead Counsel
`
`Amanda Murphy, Backup Counsel
`
`Finnegan, Henderson, Farabow, Garrett & Dunner, L.L. P.
`
`901 New York Avenue, NW
`
`Washington, D.C. 20001
`
`Service E-mail: anthony.tridico@finnegan.com
`
` amanda.murphy@finnegan.com
`
`
`
`
`
`
`
`
`
`
`
`- 4 -
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
