`Tel: 571.272.7822
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_____________
`
`PRAXAIR DISTRIBUTION, INC. and PRAXAIR, INC.
`Petitioner
`
`v.
`
`INO THERAPEUTICS, LLC and IKARIA, INC.
`Patent Owner
`
`_____________
`
`Case IPR2015-00522
`Patent 8,282,966
`_____________
`
`
`PETITIONER’S UPDATED MANDATORY NOTICES
`37 C.F.R. § 42.8
`
`
`
`Case IPR2015-00522
`Patent 8,282,966
`
`
`Pursuant to 37 C.F.R. § 42.8, Petitioner submits the following updated
`
`mandatory notices.
`
`Related Matters
`
`Petitioner hereby provides
`
`the following
`
`indication of
`
`judicial or
`
`administrative matters that would affect, or be affected by, a decision in this
`
`proceeding:
`
`On February 19, 2015, Patent Owner filed a complaint averring that
`
`Petitioner’s Abbreviated New Drug Application (“ANDA”) infringes U.S. Patent
`
`No. 8,282,966 under 35 U.S.C. § 271(e)(2). That lawsuit is pending in the United
`
`States District Court for the District of Delaware and is captioned: INO
`
`Therapeutics LLC et al. v. Praxair Distribution, Inc. et al., Civil Action No. 1:15-
`
`cv-00170 (GMS).
`
`As noted in the Petition, Petitioner requested inter partes review of U.S.
`
`Patent No. 8,282,966 and four (4) other patents on the same day. The inter partes
`
`review proceedings for these other related patents have been given filing dates, and
`
`have been given the following proceeding numbers:
`
`• IPR2015-00524 (U.S. Patent No. 8,293,284)
`
`• IPR2015-00525 (U.S. Patent No. 8,431,163)
`
`• IPR2015-00526 (U.S. Patent No. 8,795,741)
`
`• IPR2015-00529 (U.S. Patent No. 8,846,112)
`
`1
`
`
`
`Case IPR2015-00522
`Patent 8,282,966
`
`
`Further, four (4) pending U.S. patent applications claim priority to the
`
`ultimate parent application of U.S. Patent No. 8,282,966:
`
`• 13/683,444 filed on November 21, 2012
`
`• 14/451,057 filed on August 4, 2014
`
`• 14/454,373 filed on August 7, 2014
`
`• 14/482,704 filed on September 10, 2014
`
`No other information provided as part of Petitioner’s Mandatory Notices in
`
`the Petition in this proceeding has changed.
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted by
`
`Date: February 25, 2015
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`K&L Gates LLP,
`
`By:
`
`
`
`
`
`
`
`
`
`
`
`
` /Sanjay K. Murthy/
`Reg. No. 45,976
`Sanjay K. Murthy
`Customer No. 24573
`K&L Gates LLP
`e-mail: sanjay.murthy@klgates.com
`telephone number: 312-807-4416
`fax number: 312-827-8138
`70 W. Madison Street, Suite 3100
`Chicago, IL 60602
`
`2
`
`
`
`Certification of Service
`
`
`
`A copy of this Petitioner’s Updated Mandatory Notices under 37 C.F.R.
`
`§42.8 has been served on counsel for Patent Owner on February 25, 2015 at the
`
`following email addresses:
`
`Dominick A. Conde - dconde@fchs.com
`Raymond R. Mandra - rmandra@fchs.com
`William E. Solander - wsolander@fchs.com
`
`
`
`
`
`Date: February 25, 2015
`
`
`
` /Sanjay K. Murthy/
`Reg. No. 45,976
`Sanjay K. Murthy
`Customer No. 24573
`K&L Gates LLP
`e-mail: sanjay.murthy@klgates.com
`telephone number: 312-807-4416
`fax number: 312-827-8138
`70 W. Madison Street, Suite 3100
`Chicago, IL 60602
`
`By:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
