`571-272-7822
`
`
`
`
`
` Paper No. 9
` Entered: November 25, 2014
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`AGILA SPECIALTIES INC. and
`MYLAN PHARMACEUTICALS INC.,
`Petitioner,
`
`v.
`
`CUBIST PHARMACEUTICALS, INC.,
`Patent Owner.
`____________
`
`Case IPR2015-00144
`Patent 8,058,238 B2
`____________
`
`
`Before BRIAN P. MURPHY, JON B. TORNQUIST, and
`TINA E. HULSE, Administrative Patent Judges.
`
`TORNQUIST, Administrative Patent Judge.
`
`
`ORDER
`Authorizing Motion to Accord New Filing Date
`37 C.F.R. § 42.20 and 42.22(d)
`
`
`
`
`
`
`
`Case IPR2015-00144
`Patent 8,058,238 B2
`
`
`On November 21, 2014, a telephonic conference call was conducted
`between Judges Tornquist and Hulse and counsel for Petitioner and Patent
`Owner. During the conference call, Petitioner requested authorization to file
`a motion to modify the accorded filing date for IPR2015-00144 from
`October 24, 2014 to October 23, 2014. According to Petitioner, certain
`technical difficulties prevented the electronic filing of one or more
`documents in IPR2015-00144 on October 23, 2014. Petitioner further
`contends that the petition and accompanying exhibits were also timely filed
`by Express Mail on October 23, 2014. See, e.g., 37 C.F.R. § 6(b)(2)(i).
`Based on the technical difficulties encountered during electronic filing, and
`the filing of the petition by Express Mail on October 23, 2014, Petitioner
`contends that the petition should be accorded an October 23, 2014 filing
`date.
`On the conference call, we authorized Petitioner to file, on or before
`December 1, 2014, a motion to accord a new filing date to IPR2015-00144,
`which is not to exceed 10 pages in length. We authorized Patent Owner to
`file an opposition to the motion, if any, on or before December 8, 2014, also
`not to exceed 10 pages in length. No reply was authorized.
`Counsel for Petitioner was instructed to set forth in the motion: (1) the
`circumstances surrounding the electronic filing of IPR2014-00144, including
`any evidence of technical problems with the Board’s website or the Patent
`Review Processing System (PRPS); (2) the steps taken by Petitioner before
`and after any technical problems arose to ensure timely filing of the petition
`and exhibits; (3) the justification for the Board to accept paper filing of the
`petition and exhibits; and (4) the authority of the Board, if any, to waive the
`
`
`
`2
`
`
`
`Case IPR2015-00144
`Patent 8,058,238 B2
`
`statutorily mandated one year time limitation for filing the present IPR, to
`the extent such time limitation applies. See 35 U.S.C. § 315(b).
`Based on the foregoing, it is hereby:
`ORDERED that Petitioner is authorized to file a motion to accord a
`new filing date to IPR2015-00144;
`FURTHER ORDERED that the motion is not to exceed 10 pages in
`length and is to be filed on or before December 1, 2014;
`FURTHER ORDERED that Patent Owner is authorized to file an
`opposition to the motion to accord a new filing date for IPR2015-00144;
`FURTHER ORDERED that any opposition is not to exceed 10 pages
`in length and is to be filed on or before December 8, 2014; and
`FURTHER ORDERED that no reply is authorized.
`
`
`
`
`
`3
`
`
`
`Case IPR2015-00144
`Patent 8,058,238 B2
`
`PETITIONER:
`Peter Munson
`Lorelei Westin
`WILSON SONSINI GOODRICH & ROSATI PC
`pmunson@wsgr.com
`lwestin@wsgr.com
`
`PATENT OWNER:
`William DeVaul
`Henry Gu
`CUBIST PHARMACEUTICALS, INC.
`william.devaul@cubist.com
`henry.gu@cubist.com
`
`
`
`4
`
`
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