`Petitioner’s List of Proposed Motions
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_________________________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_________________________________
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`NOVEN PHARMACEUTICALS, INC.,
`Petitioner
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`v.
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`NOVARTIS AG AND LTS LOHMANN THERAPIE-SYSTEME AG,
`Patent Owners
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`_________________________________
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`Case IPR2014-00550
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`U.S. Patent 6,335,031
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`PETITIONER’S LIST OF PROPOSED MOTIONS
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`IPR2014-00550
`Petitioner’s List of Proposed Motions
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`In preparation for the initial conference call scheduled for October 30, 2014,
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`and pursuant to section II.E of the Office Patent Trial Practice Guide (77 Fed. Reg.
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`48756, 48765-66), Petitioner Noven Pharmaceuticals, Inc. submits the following
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`list of possible issues/motions for trial. Petitioner reserves its right to seek
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`authorization to bring additional motions, or to decide not to bring motions as
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`indicated, as circumstances may warrant.
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`• Petitioner may file a motion, under 37 C.F.R. § 42.53, seeking
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`authorization to submit videotaped testimony obtained upon cross-
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`examination of Patent Owner’s witnesses.
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`• Petitioner may file motions for observation if deemed necessary later
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`in the proceedings.
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`• Petitioner may file motions to exclude evidence, under 37 C.F.R. §
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`42.64, if deemed necessary later in the proceeding.
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`• Petitioner may seek entry of a protective order.
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`• Petitioner may seek to expunge documents or other things with
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`confidential information.
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`IPR2014-00550
`Petitioner’s List of Proposed Motions
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`• Petitioner may file motions requesting discovery related to factual
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`issues that may be raised by the Patent Owner in its Response to the
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`Petition for Inter Partes Review, including, but not limited to, factual
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`issues concerning objective indicia (or secondary considerations) of
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`non-obviousness.
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`Respectfully submitted,
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`Dated: October 28, 2014
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`/Steven J. Lee/
`Steven J. Lee (Reg. No. 31,272)
`Michael K. Levy (Reg. No. 40,699)
`KENYON & KENYON LLP
`One Broadway
`New York, NY 10004-1007
`Tel: 212-425-7200
`Fax: 212-425-5288
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`Counsel for Petitioner Noven Pharmaceuticals,
`Inc.
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`IPR2014-00550
`Petitioner’s List of Proposed Motions
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`CERTIFICATE OF SERVICE
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`I certify that, on this 28th day of October, 2014, the foregoing Petitioner’s
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`List of Proposed Motions was served electronically on the Patent Owner using
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`the following address:
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`ExelonPatchIPR@fchs.com
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`/s/ Michael K. Levy
`Michael K4. Levy
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