`571-272-7822
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`Paper No. 5
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`METRICS, INC., MAYNE PHARMA, and
`JOHNSON MATTHEY, INC.
`Petitioners
`
`v.
`
`SENJU PHARMACEUTICAL CO., LTD., BAUSCH & LOMB, INC., and
`BAUSCH & LOMB PHARMA HOLDINGS CORP.
`Patent Owners
`____________
`
`Case IPR2014-01041
`Patent 8,129,431
`____________
`
`Mailed: July 22, 2014
`
`Before PATRICK E. BAKER, Trial Paralegal
`
`NOTICE OF FILING DATE ACCORDED TO PETITION
`AND
`TIME FOR FILING PATENT OWNER PRELIMINARY RESPONSE
`
`The petition for inter partes review in the above proceeding has been
`accorded the filing date of June 26, 2014.
`
`
`
`Case IPR2014-01041
`Patent 8,129,431
`
`Administrative Patent Judge Grace Karaffa Obermann has been
`
`designated to manage the proceeding. 37 C.F.R. § 42.5.
`A review of the petition identified the following defects:
` Failure to sequentially number each page of the exhibits.
`37 C.F.R. § 42.63(d)(2)(i).
`
` Exhibit List is incomplete. Exhibits 1029-1053 are missing
`from the exhibit list.
`
`Petitioners must correct the defects within FIVE BUSINESS DAYS
`from this notice. Failure to correct the defects may result in an order to
`show cause as to why the Board should institute the trial. No substantive
`changes (e.g., new grounds) may be made to the petition.
`Patent Owners may file a preliminary response to the petition no later
`than three months from the date of this notice. The preliminary response is
`limited to setting forth the reasons why the requested review should not be
`instituted. Patent Owners may also file an election to waive the preliminary
`response to expedite the proceeding. For more information, please consult
`the Office Patent Trial Practice Guide, 77 Fed. Reg. 48756 (Aug. 14, 2012),
`which is available on the Board Web site at http://www.uspto.gov/PTAB.
`Patent Owners are advised of the requirement to submit mandatory
`notice information under 37 C.F.R. § 42.8(a)(2) within 21 days of service of
`the petition.
`The parties are encouraged to use the heading on the first page of this
`Notice for all future filings in the proceeding.
`The parties are advised that under 37 C.F.R. § 42.10(c), recognition of
`counsel pro hac vice requires a showing of good cause. The parties are
`authorized to file motions for pro hac vice admission under 37 C.F.R.
`
`
`
`2
`
`
`
`Case IPR2014-01041
`Patent 8,129,431
`
`§ 42.10(c). Such motions shall be filed in accordance with the “Order --
`Authorizing Motion for Pro Hac Vice Admission” in Case IPR2013-00639,
`Paper 7, a copy of which is available on the Board Web site under
`“Representative Orders, Decisions, and Notices.”
`The parties are reminded that unless otherwise permitted by 37 C.F.R.
`§ 42.6(b)(2), all filings in this proceeding must be made electronically in the
`Patent Review Processing System (PRPS), accessible from the Board Web
`site at http://www.uspto.gov/PTAB.
`If there are any questions pertaining to this notice, please contact
`Patrick E. Baker at 571-272-6192 or the Patent Trial and Appeal Board at
`571-272-7822.
`
`PETITIONERS:
`
`Patrick D. McPherson
`Vincent L. Capuano
`DUANE MORRIS LLP
`PDMcPherson@duanemorris.com
`VCapuano@duanemorris.com
`
`PATENT OWNERS:
`
`M. Andrew Holtman
`Jonathan R.K. Stroud
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP
`Andy.Holtman@finnegan.com
`Jonathan.Stroud@finnegan.com
`
`
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`3
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