Paper No.__
`Filed: February 22, 2017
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`________________
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`PAR PHARMACEUTICAL, INC. and AMNEAL PHARMACEUTICAL, LLC,
`Petitioners,
`
`v.
`
`JAZZ PHARMACEUTICAL, INC.,
`Patent Owner.
`
`________________
`
`Case IPR2015-00547
`Patent 7,765,107 B2
`
`________________
`
`PATENT OWNER NOTICE OF APPEAL
`
`
`
`
`Filed: February 22, 2017
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`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`________________
`
`PAR PHARMACEUTICAL, INC. and AMNEAL PHARMACEUTICAL, LLC,
`Petitioners,
`
`v.
`
`JAZZ PHARMACEUTICAL, INC.,
`Patent Owner.
`
`________________
`
`Case IPR2015-00547
`Patent 7,765,107 B2
`
`________________
`
`PATENT OWNER NOTICE OF APPEAL
`
`
`
`
`
`Patent Owner Notice of Appeal
`
`
`
`Case IPR2015-00547
`Patent 7,765,107
`
`NOTICE OF APPEAL
`
`Notice is hereby given, pursuant to 35 U.S.C. § 141 and 37 C.F.R. § 90.2,
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`that Patent Owner Jazz Pharmaceuticals, Inc. (“Jazz”) hereby appeals to the United
`
`States Court of Appeals for the Federal Circuit from the Patent Trial and Appeal
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`Board’s (the “Board”) Final Written Decision entered on July 27, 2016 (Paper 70),
`
`the Decision Denying Patent Owner’s Request for Rehearing entered on December
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`22, 2016 (Paper 76), and from all orders, decisions, rulings, and opinions
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`underlying those decisions regarding Jazz’s U.S. Patent No. 7,765,107 (the “’107
`
`patent”) set forth in inter partes review IPR2015-00547.
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`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Patent Owner anticipates that
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`the issues on appeal may include, but are not limited to, the following, as well as
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`any underlying findings, determinations, rulings, decisions, opinions, claim
`
`interpretations, or other related issues:
`
`• Whether the Board erred in finding that Petitioners met their burden in
`
`proving that the FDA Advisory Committee Transcript and Slides (Ex.
`
`1003), FDA Preliminary Clinical Safety Review (Ex. 1004), Briefing
`
`Booklet (Ex. 1005), and Xyrem Video and Transcript (Ex. 1006)
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`(collectively “the ACA Materials”) qualify as prior art;
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`• Whether the Board erred in its constructions of the following claim
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`terms: “determining with the computer processor . . . patterns of
`
`
`
`1
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`
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`Patent Owner Notice of Appeal
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`
`
`Case IPR2015-00547
`Patent 7,765,107
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`potential prescription abuse . . . from periodic reports generated only
`
`by the central database”; “wherein said [prescription] request data
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`contain information identifying the patient”; and “wherein said
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`[prescription] request data contain information identifying . . .
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`credentials of the medical doctor”;
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`• Whether the Board improperly relied upon new evidence and
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`argument submitted for the first time in Petitioners’ reply and,
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`therefore, failed to provide Jazz of the adequate notice and
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`opportunity to respond to that evidence and argument; and
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`• Whether the Board erred in finding that Petitioners met their burden
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`of proving that claims 1-6 of the ’107 patent are unpatentable under
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`35 U.S.C. § 103(a) as obvious over the ACA Materials.
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`In accordance with 35 U.S.C. § 142 and 37 C.F.R. §§ 90.2 and 90.3, copies
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`of this Notice of Appeal are being timely filed simultaneously with the Director of
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`the United States Patent and Trademark Office and the Patent Trial and Appeal
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`Board. In addition, a copy of this Notice of Appeal, along with the required
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`docketing fees, are being filed with the Clerk’s Office for the United States Court
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`of Appeals for the Federal Circuit via CM/ECF. A copy of this Notice of Appeal is
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`also being served on Petitioners.
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`2
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`Patent Owner Notice of Appeal
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`
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`Case IPR2015-00547
`Patent 7,765,107
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`Date: February 22, 2017
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`
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`
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` Respectfully submitted,
`
`By: /F. Dominic Cerrito (Reg. No. 38,100)/
` F. Dominic Cerrito (Reg. No. 38,100)
` Evangeline Shih (Reg. No. 50,170)
` Frank C. Calvosa (Reg. No. 69,064)
`QUINN EMANUEL URQUHART &
`SULLIVAN, LLP
`51 Madison Avenue, 22nd Floor
`New York, NY 10010
`General Tel: (212) 849-7000
`Fax: (212) 849-7100
`nickcerrito@quinnemanuel.com
`evangelineshih@quinnemanuel.com
`frankcalvosa@quinnemanuel.com
`
`David B. Cochran
`Reg. No. 39,412
`JONES DAY
`North Point
`901 Lakeside Avenue
`Cleveland, Ohio 44114
`General Tel: (216) 586-3939
`Direct Tel: (216) 586-7747
`Fax: (216) 579-0212
`dcochran@jonesday.com
`
`Attorneys for Jazz Pharmaceuticals, Inc.
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`3
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`Patent Owner Notice of Appeal
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`
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`Case IPR2015-00547
`Patent 7,765,107
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`CERTIFICATE OF FILING
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`I hereby certify that, in addition to being filed electronically through the
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`Patent Trial and Appeal Board’s Patent Review Processing System (PRPS), the
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`original version of the foregoing Patent Owner’s Notice of Appeal was filed by
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`Express Mail (Express Mail Label No. EL 332418397 US) on this 22nd day of
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`February 2017, with the Director of the United States Patent and Trademark
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`Office, at the following address:
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`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`
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`CERTIFICATE OF FILING
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`I hereby certify that a true and correct copy of the foregoing Patent Owner’s
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`Notice of Appeal was filed with the Clerk’s Office of the United States Court of
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`Appeals for the Federal through the federal courts’ Case Management and
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`Electronic Case Files (CM/EFC) system on this 22nd day of February 2017.
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`Patent Owner Notice of Appeal
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`
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`Case IPR2015-00547
`Patent 7,765,107
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. §§ 42.6(e) and 90.2(a), the undersigned hereby
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`certifies that PATENT OWNER NOTICE OF APPEAL was served on February
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`22, 2017 by filing this document through the Patent Review Processing System, as
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`well as e-mailing a copy to mruedy@meiplaw.com and smaddox@meiplaw.com.
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`Date: February 22, 2017
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` Respectfully submitted,
`
`By: /F. Dominic Cerrito (Reg. No. 38,100)/
` F. Dominic Cerrito (Reg. No. 38,100)
`QUINN EMANUEL URQUHART & SULLIVAN,
`LLP
`51 Madison Avenue, 22nd Floor
`New York, NY 10010
`General Tel: (212) 849-7000
`Fax: (212) 849-7100
`nickcerrito@quinnemanuel.com
`
`Lead Counsel for Jazz Pharmaceuticals, Inc.
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