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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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`RANBAXY LABORATORIES LTD and RANBAXY INC.,
`Petitioner
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`v.
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`ADAMAS PHARMACEUTICALS, INC.,
`Patent Owner
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`Inter Partes Review No.: 2015-00410
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`U.S. Patent No. 8,362,085
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`MOTION TO CORRECT ACCORDED FILING DATE
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`Under 37 C.F.R. §§ 42.20 and 42.2
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`I.
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`Statement and Summary of Reasons for Relief Requested
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`Petitioner (“Ranbaxy”) files this motion to correct the accorded filing date as it
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`timely requested such relief via e-mail pursuant to the December 16, 2014 Notice.
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`After which, Petitioner received a response granting permission to make this motion
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`to change the filing date once the PRPS system was functional. Upon receiving that
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`permission, Petitioner served counsel of record with its petition on December 17,
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`2014. According this petition a December 17, 2014 filing date would result in no
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`legally cognizable prejudice for the Patent Owner (“Adamas”) or for the Board.
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`Conversely, if the Board refuses to accept Ranbaxy’s timely filed petition, Ranbaxy
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`would be prejudiced.
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` II. Petitioner Met Its Legal Obligations Under 37 C.F.R. § 42.20
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`Under 37 C.F.R. § 42.20(b), a motion will not be entered without prior
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`authorization. Ranbaxy sought and received that authorization to file the instant
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`motion. See Exhibit A, attached hereto. Based on this authorization, a copy of the
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`petition, as well as all supporting documents, were served on Adamas’s counsel of
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`record via Federal Express. Because Adamas’s counsel were timely served, there
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`would be no prejudice to according this Petition its December 17, 2014 filing date.
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`III. Relief Sought
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`Ranbaxy respectfully requests that its Petition be granted its December 17,
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`2014 filing date.
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`Dated: December 17, 2014
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`Respectfully submitted,
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`Anne Li (Reg. No. 53,131)
`KENYON & KENYON LLP
`One Broadway
`New York, NY 10004-1007
`Tel: 212-425-7200
`Fax: 212-425-5288
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`John W. Bateman (Reg. No. 41,602)
`KENYON & KENYON LLP
`1500 K Street, NW
`Washington, DC 20005
`Tel: 202.220.4216
`Fax: 202.220.4201
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`Counsel for Petitioners Ranbaxy Laboratories Ltd. and
`Ranbaxy Inc.
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`EXHIBIT A
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`EXHIBIT A
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`-1-
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`Li, Anne
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`From:
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`Sent:
`To:
`Cc:
`Subject:
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`Vignone, Maria <Maria.Vignone@USPTO.GOV> on behalf of Trials
`<Trials@USPTO.GOV>
`Wednesday, December 17, 2014 4:55 PM
`Li, Anne; Trials
`Bateman, John
`RE: Inter Partes Review No.: 2015-00410
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`Counsel: When the system is back up and running, you are authorized to file your petition along with a motion to
`change the filing date.
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`Thank you,
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`Maria Vignone
`Paralegal Operations Manager
`Patent Trial and Appeal Board
`571‐272‐4645
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`From: Li, Anne [mailto:ALi@kenyon.com]
`Sent: Wednesday, December 17, 2014 4:52 PM
`To: Trials
`Cc: Bateman, John
`Subject: Inter Partes Review No.: 2015-00410
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`To Whom It May Concern,
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` I
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` write to let you that Ranbaxy Inc. and Ranbaxy Labs. Ltd. Plan to file this IPR today. However, because the system is
`down, we will not be able to do so. Therefore, pursuant to the December 16, 2014 Notice, we are sending this email to
`let you know our intention and that we will serve counsel of record today.
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`Best,
`Anne
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`Anne Elise Herold Li, Esq.
`Kenyon & Kenyon LLP
`One Broadway | New York, NY 10004‐1007
`212.908.6083 Phone | 212.425.5288 Fax
`ali@kenyon.com | www.kenyon.com
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` Please consider the environment before printing this e‐mail
`______________________
`This message, including any attachments, may contain confidential, attorney‐client privileged, attorney work product, or business
`confidential information, and is only for the use of the intended recipient(s). Any review, use or distribution by others is prohibited.
`If you are not the intended recipient, please contact the sender and delete all copies.
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`1
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