`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APOTEX CORP.,
`Petitioner
`
`v.
`
`ALCON RESEARCH, LTD.,
`Patent Owner.
`
`
`Case IPR2013-00428
`U.S. Patent No. 8,268,299 B2
`
`
`
`
`
`
`
`
`
`
`
`ALCON RESEARCH, LTD.’S LIST OF ANTICIPATED PROPOSED
`MOTIONS
`
`Pursuant to 77 Fed. Reg. 48,756, 48,765–66 (Aug. 14, 2012), in advance of
`
`the initial conference call with the Board scheduled for Monday, February 3, at
`
`2:00 p.m. EST, Patent Owner Alcon Research, Ltd. (“Alcon”) submits the
`
`following list of motions that Alcon has filed or currently is considering filing in
`
`this matter.
`
`A. Contingent Motion To Amend Under 37 C.F.R. § 42.121
`Alcon may file a contingent motion to amend one or more of the challenged
`
`claims of the ’941 patent. Any such motion would respond to the grounds of
`
`
`
`
`
`Attorney Docket No.
`
`Case IPR2013-00428
`PAT903205-US-NP
`
`U.S. Patent No. 8,268,299
`unpatentability alleged in this trial and would not seek to enlarge the scope of the
`
`claims of the patent or to introduce new subject matter. In addition, while Alcon
`
`has not yet determined whether it will file a motion to amend, Alcon would like to
`
`discuss whether the claim listing required by 37 C.F.R. § 42.121(b) would be
`
`counted against the 15-page limit for a motion, or whether the claim listing may be
`
`submitted as an attachment to the motion. If the claim listing is counted against
`
`the 15-page limit, Alcon requests that the page limit be increased from 15 to 25
`
`pages.
`
`B. Motion for Pro Hac Vice Admission of Adam L. Perlman
`Alcon has filed a motion requesting pro hac vice admission of Adam L.
`
`Perlman. The motion is currently pending; no opposition has been filed.
`
`
`
`Dated: January 30, 2014
`
`Respectfully submitted,
`
`/Stanley E. Fisher/
`Stanley E. Fisher
`Reg. No. 55,820
`Phone: 202-434-5289
`
`
`
`Correspondence Address:
`Williams & Connolly LLP
`725 Twelfth Street NW
`Washington, D.C. 20005
`
`
`
`2
`
`
`
`Attorney Docket No.
`
`Case IPR2013-00428
`PAT903205-US-NP
`
`U.S. Patent No. 8,268,299
`CERTIFICATE OF SERVICE (37 C.F.R. § 42.6(e))
`
`The undersigned hereby certifies that the foregoing “ALCON RESEARCH,
`
`LTD.’S LIST OF ANTICIPATED PROPOSED MOTIONS” was served on
`
`January 30, 2014, by filing this document through the Patent Review Processing
`
`System as well as delivering a copy via electronic mail upon the following
`
`attorneys of record for the Petitioner:
`
`Eldora L. Ellison (Reg. No. 39,967)
`Ralph W. Powers, III (Reg. No. 63,504)
`Sterne, Kessler, Goldstein & Fox P.L.L.C.
`1100 New York Avenue, NW
`Washington, DC 20005
`(202) 371-2600 (telephone)
`(202) 371-2540 (facsimile)
`eellison-PTAB@skgf.com
`tpowers-PTAB@skgf.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`/Stanley E. Fisher/
`Stanley E. Fisher
`Reg. No. 55,820
`
`
`
`
`
`Dated: January 30, 2014
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`3
`
`
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
