`Filed: August 22, 2014
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`____________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________________
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`BIODELIVERY SCIENCES INTERNATIONAL, INC.
`Petitioner
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`v.
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`RB PHARMACEUTICALS LIMITED
`Patent Owner.
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`____________________
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`Case IPR2014-00325
`Patent 8,475,832
`____________________
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`PATENT OWNER’S LIST OF PROPOSED MOTIONS
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`Case No. IPR2014-00325
`Patent No. 8,475,832
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`Pursuant to the Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756,
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`48,765-66 (Aug. 14, 2012), Patent Owner respectfully submits the following list of
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`proposed motions in advance of the initial conference call with the Board
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`scheduled for August 26, 2014:
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`1. Motion to exclude evidence, if deemed necessary later in the
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`proceeding;
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`2. Motion for observation on cross-examination, if deemed necessary
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`later in the proceeding; and
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`3.
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`Other motions, if deemed necessary later in the proceeding.
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`Patent Owner relies on the statement at 77 Fed. Reg. 48,756, 48,765,
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`“Submission of a list would not preclude the filing of additional motions not
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`contained in the list.”
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`Patent Owner wishes to discuss with the Board a modification of Due Dates
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`1 and 2. Patent Owner does not intend to make a motion to amend, which moots
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`Due Date 3. Petitioner has agreed to stipulate to November 7, 2014 for Due Date 1
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`and January 30, 2015 for Due Date 2. However, with Due Date 2 on January 30,
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`2015 and Due Date 4 on February 24, 2015, if 37 C.F.R. § 42.53(d)(2) is applied in
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`full there does not appear to be any time between those dates when cross-
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`examination of Petitioner’s reply witness(es), if any, would ordinarily be
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`2
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`Case No. IPR2014-00325
`Patent No. 8,475,832
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`permitted. Patent Owner seeks guidance regarding the application of Rule
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`42.53(d)(2) in this situation.
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`Dated: August 22, 2014
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`___/James M. Bollinger/________
`James M. Bollinger
`Reg. No. 32,555
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`3
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`Case No. IPR2014-00325
`Patent No. 8,475,832
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of the foregoing Patent
`Owner’s List of Proposed Motions was served electronically via email on August
`22, 2014 on attorneys for Petitioner:
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`Danielle L. Herritt
`Kia L. Freeman
`McCARTER & ENGLISH, LLP
`265 Franklin Street
`Boston, MA 02110
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`dherritt@mccarter.com
`IPR832@mccarter.com
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`Dated: August 22, 2014
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`___/James M. Bollinger/________
`James M. Bollinger
`Reg. No. 32,555
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`4
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