`Filed: March 17, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________
`
`PAR PHARMACEUTICAL, INC., WOCKHARDT BIO AG, and
`AMNEAL PHARMACEUTICALS LLC,
`Petitioners,
`
`v.
`
`JAZZ PHARMACEUTICALS, INC.,
`Patent Owner.
`
`_____________________
`
`Case IPR2015-005541
`Patent 7,668,730 B2
`_____________________
`
`PETITIONERS PAR PHARMACEUTICAL, INC.’S
`AND AMNEAL PHARMACEUTICALS LLC’S RESPONSE
`TO PATENT OWNER’S NOTICE REGARDING NEW
`ARGUMENTS AND EVIDENCE IN PETITIONERS’ REPLY
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`1 Case IPR2015-01818 has been joined with this proceeding.
`
`
`
`IPR2015-00554
`Patent No. 7,668,730
`Petitioners’ Response to Patent Owner’s March 10, 2016 Notice
`
`Pursuant
`
`to the Board’s March 3, 2016 e-mail, Petitioners Par
`
`Pharmaceutical, Inc. and Amneal Pharmaceuticals LLC identify the following
`
`portions of Patent Owner’s Response (Paper No. 39) to which the arguments and
`
`evidence that Patent Owner Jazz Pharmaceuticals, Inc. identified in its March 10,
`
`2016 Notice (Paper No. 50) respond:
`
`1. The arguments and evidence Jazz identified in Paragraph 1 of its Notice
`
`respond to the arguments in Patent Owner’s Response starting on page 9, after
`
`subheading (c), through page 12, line 2; including Jazz’s argument that: “the
`
`redactions in Ex. 1004 do not evidence public accessibility before the critical date”
`
`(page 10); and “Petitioners ignore that the Briefing Booklet is addressed to a
`
`limited Advisory Committee panel that was responsible for reviewing the Xyrem
`
`drug application for FDA approval.” (page 11).
`
`2. The arguments and evidence Jazz identified in Paragraph 2 of its notice
`
`respond to arguments in Patent Owner’s response starting on page 11, line 1,
`
`through page 12, line 2; including Jazz’s argument that: “Petitioners ignore that the
`
`Briefing Booklet is addressed to a limited Advisory Committee panel that was
`
`responsible for reviewing the Xyrem drug application for FDA approval.” (page
`
`11). Further, the evidence to which Jazz refers was provided with the Petition. See
`
`Paper No. 2.
`
`1
`
`
`
`IPR2015-00554
`Patent No. 7,668,730
`Petitioners' Response to Patent Owner's March 10, 2016 Notice
`
`3. The arguments and evidence Jazz identified in Paragraph 3 of its notice
`
`respond to arguments in Patent Owner's response starting on page 5, line 7 (under
`
`subheading (a)) through line 17; including Jazz's argument that: "[t]he dates on the
`
`documents do not establish public accessibility before the critical date" (page 5).
`
`Further, the evidence Jazz refers to was provided with the Petition. See Paper No. 1
`
`at 15; see also Paper No. 2.
`
`Date: March 17, 2016 (cid:9)
`
`Respectfully Submitted,
`
`Janine A. Carlan
`Registration No. 42,387
`ARENT Fox LLP
`1717 K Street, NW
`Washington, DC 20006
`202.857.6000
`Attorney for Petitioners Par Pharmaceutical,
`Inc. and Amneal Pharmaceuticals LLC
`
`2
`
`
`
`IPR2015-00554
`Patent No. 7,668,730
`Certificate of Service
`
`CERTIFICATION OF SERVICE (37 C.F.R. §§ 42.6(e), 42.105(a))
`
`The undersigned hereby certifies that the above-captioned “Petitioners Par
`
`Pharmaceutical, Inc.’s and Amneal Pharmaceuticals LLC’s Response to Patent
`
`Owner’s Notice Regarding New Arguments and Evidence in Petitioners’ Reply,”
`
`was served in its entirety on March 17, 2016, upon the following parties via e-mail:
`
`John V. Biernacki
`jvbiernacki@jonesday.com
`JONES DAY
`North Point
`901 Lakeside Avenue
`Cleveland, OH 44114
`
`F. Dominic Cerrito
`nickcerrito@quinnemanuel.com
`Eric C. Stops
`ericstops@quinnemanuel.com
`Evangeline Shih
`evangelineshih@quinnemanuel.com
`Frank Calvosa
`frankcalvosa@quinnemanuel.com
`QUINN EMANUEL URQUHART &
`SULLIVAN LLP
`51 Madison Avenue
`22nd Floor
`New York, NY 10010
`Counsel for Patent Owner Jazz Pharmaceuticals, Inc.
`
`Jordana Garallek
`Patrick C. Gallagher
`JGarallek@duanemorris.com
`PCGallagher@duanemorris.com
`DUANE MORRIS LLP
`DUANE MORRIS LLP
`1540 Broadway
`190 South LaSalle Street, Suite 3700
`New York, NY 10036-4086
`Chicago, IL 60603-3433
`Counsel for Petitioner Wockhardt Bio AG
`
`
`
`IPR2015-00554
`Patent No. 7,668,730
`Certificate of Service
`
`Respectfully Submitted,
`
`Bradford C. Frese
`Registration No. 69,772
`Attorney for Petitioner Par Pharmaceutical,
`Inc.
`
`Date: March 17, 2016
`ARENT FOX LLP
`1717 K Street, NW
`Washington, DC 20006
`202.857.6000
`
`2
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
