`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`BIODELIVERY SCIENCES INTERNATIONAL, INC.
`Petitioner
`
`v.
`
`RB PHARMACEUTICALS LIMITED
`Patent Owner.
`
`Case IPR2014-00325
`Patent 8,475,832
`
`____________
`
`PATENT OWNER RB PHARMACEUTICALS LIMITED’S
`NOTICE OF APPEAL
`____________
`
`
`
`Case IPR2014-00325
`Patent 8,475,832
`
`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel
`Madison Building East, 10B20
`600 Dulany Street
`Alexandria, VA 22314-5793
`
`Notice is hereby given, pursuant to 35 U.S.C. §§ 141 and 142 and in
`
`accordance with 37 C.F.R. § 90.2(a), that Patent Owner RB Pharmaceuticals
`
`Limited (“RBP”) hereby appeals to the United States Court of Appeals for the
`
`Federal Circuit from the Final Written Decision of the Patent Trial and Appeal
`
`Board (“Board”) entered on June 30, 2015 (Paper 43) and from all underlying
`
`orders, decisions, rulings and opinions.
`
`For the limited purpose of providing the Director with the information
`
`requested in 37 C.F.R. § 90.2(a)(3)(ii), RBP expects that the issues on appeal may
`
`include the following, without limitation: the Board’s determination that Claims
`
`15–19 of U.S. Patent No. 8,475,832 are anticipated and rendered obvious by the
`
`prior art of record, and any finding or determination (factual or legal) supporting or
`
`related to that determination; the Board’s interpretation of the claims; the Board’s
`
`application of the legal standards for anticipation and obviousness; the Board’s
`
`findings regarding the disclosures of the prior art of record to a person of ordinary
`
`skill in the art; the Board’s findings regarding whether the Petitioner met its burden
`
`of establishing the prior art of record enables the claimed invention; the Board’s
`
`findings regarding whether the Petitioner met its burden of establishing that a
`
`2
`
`
`
`Case IPR2014-00325
`Patent 8,475,832
`
`person of ordinary skill in the art would have been motivated to combine the prior
`
`art of record in the ways stated by the Board; the Board’s findings regarding
`
`whether the Petitioner met its burden of establishing that a person of ordinary skill
`
`in the art would have had a reasonable expectation of successfully arriving at the
`
`claimed invention; and the Board’s findings relating to objective indicia of
`
`nonobviousness and the weight to be accorded them in an analysis of obviousness;
`
`as well as all other issues decided adversely to RBP in any orders, decisions,
`
`rulings and opinions.
`
`Concurrently with this submission, a copy of this Notice of Appeal is being
`
`filed with the Board. In addition, this Notice of Appeal, along with the required
`
`docketing fees, are being filed electronically with the Clerk’s Office for the United
`
`States Court of Appeals for the Federal Circuit via the Court’s CM/ECF system.
`
`RBP does not believe that the filing of this notice requires the payment of
`
`any fees to the United States Patent and Trademark Office. However, in the event
`
`that such fees are required, the Director is hereby authorized to charge any required
`
`fees to Deposit Account 20-1507 to ensure that this notice is considered timely
`
`filed and processed.
`
`3
`
`
`
`Dated: August 28, 2015
`
`Respectfully submitted,
`
`Case IPR2014-00325
`Patent 8,475,832
`
`By:
`
`/James M. Bollinger/
`James M. Bollinger, Reg. No. 32,555
`Daniel A. Ladow, pro hac vice
`Troutman Sanders LLP
`875 Third Avenue
`New York, NY 10022
`Tel.: (212) 704-6000
`Fax: (212) 704-6288
`
`4
`
`
`
`Case IPR2014-00325
`Patent 8,475,832
`
`CERTIFICATE OF FILING AND SERVICE
`
`I hereby certify that, in addition to being filed electronically through the
`Patent Trial and Appeal Board’s Patent Review Processing System (PRPS), the
`original version of the foregoing, Patent Owner RB Pharmaceuticals Limited’s
`Notice of Appeal, was filed by Express Mail on this 28th day of August, 2015,
`with the Director of the United States Patent and Trademark Office, at
`the
`following address:
`
`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`I also hereby certify that a true and correct copy of the foregoing, Patent
`Owner RB Pharmaceuticals Limited’s Notice of Appeal, was filed on this 28th day
`of August, 2015 with the Clerk’s Office of the United States Court of Appeals for
`the Federal Circuit through the Court’s CM/ECF system.
`
`I further hereby certify that a true and correct copy of the foregoing, Patent
`Owner RB Pharmaceuticals Limited’s Notice of Appeal, was served on this 28th
`day of August, 2015 via email to the following attorneys of record for the
`Petitioner, Biodelivery Sciences International, Inc.:
`
`Danielle L. Herritt
`Kia L. Freeman
`McCarter & English, LLP
`265 Franklin Street
`Boston, MA 02110
`dherritt@mccarter.com
`IPR832@mccarter.com
`
`Dated: August 28, 2015
`
`/James M. Bollinger/
`James M. Bollinger
`Reg. No. 32,555
`
`5
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