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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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`MYLAN PHARMACEUTICALS INC. and AMNEAL
`PHARMACEUTICALS LLC,
`Petitioners
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`v.
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`YEDA RESEARCH & DEVELOPMENT CO. LTD.,
`Patent Owner
`____________
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`Case No. IPR2015-006441
`Patent 8,399,413
`____________
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`PATENT OWNER’S NOTICE OF APPEAL TO THE UNITED STATES COURT
`OF APPEALS FOR THE FEDERAL CIRCUIT
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`1 Case IPR2015-01980 has been joined with this proceeding.
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`Notice is hereby given, pursuant to 35 U.S.C. §§ 141(c), 142, 319; 37 C.F.R.
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`§§ 90.2(a), 90.3(a), and Federal Circuit Rule 15(a)(1), that Patent Owner Yeda
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`Research & Development Co. Ltd. (“Yeda” or “Patent Owner”) appeals to the
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`United States Court of Appeals for the Federal Circuit from the Patent Trial and
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`Appeal Board’s modified Final Written Decision entered on December 2, 2016
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`(Paper 91) and its Decision on Patent Owner’s Request for Rehearing (Paper 90) in
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`the above-captioned inter partes review of U.S. Patent No. 8,399,413 (“the ’413
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`patent”). This notice is timely filed within 63 days of the Board’s Decision on
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`Patent Owner’s Request for Rehearing. 37 C.F.R. § 90.3(b)(1).
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`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Patent Owner indicates that
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`the issues on appeal include the following: (1) whether the Board erred in holding
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`that claims 1-20 are unpatentable; (2) whether the Board’s decision was arbitrary,
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`capricious, an abuse of discretion, or otherwise not in accordance with law; (3)
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`whether the Board’s subsidiary findings were unsupported by substantial evidence
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`and rested on legal error; (4) whether the Board’s decision on Patent Owner’s
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`Motion to Exclude, delayed until the Final Written Decision, deprived Patent
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`Owner of an opportunity to address the contested evidence; (5) whether the Board
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`erred in denying Patent Owner’s Motion to Exclude; (6) whether the Board’s Final
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`Written Decision relied on evidence that was beyond the scope of the Institution
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`Decision and Patent Owner was therefore deprived of an opportunity to address the
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`evidence; (7) whether the Board erred in its Decision Denying-in-Part Patent
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`Owner’s Motion to Submit Supplemental Information; (8) whether the Board
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`exceeded its administrative power under the Constitution when it found that claims
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`1-20 were unpatentable; and (9) all other issues decided adversely to Patent Owner,
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`including any orders, decisions, rulings and/or opinions.
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`Simultaneously with this submission, Patent Owner is filing a true and
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`correct copy of this Notice of Appeal with the Director of the U.S. Patent and
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`Trademark Office and filing one copy of this Notice of Appeal, along with the
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`required docketing fees, with the Clerk of the U.S. Court of Appeals for the
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`Federal Circuit as set forth in the accompanying Certificate of Filing and
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`Certificate of Service.
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`Dated: February 1, 2017
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`Respectfully submitted,
`/Elizabeth J. Holland/
`Elizabeth J. Holland
`Registration No. 47,657
`GOODWIN PROCTER LLP
`The New York Times Building
`620 Eighth Avenue
`New York, NY 10019-1405
`Tel: 212-813-8800
`Fax: 212-355-3333
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`CERTIFICATE OF SERVICE AND FILING
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`The undersigned hereby certifies that “PATENT OWNER’S NOTICE OF
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`APPEAL TO THE UNITED STATES COURT OF APPEALS FOR THE
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`FEDERAL CIRCUIT” was served on this 1st day of February, 2017, via email, to
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`attorneys for Petitioners:
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`Via email:
`Jeffrey W. Guise
`jguise@wsgr.com
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`Brandon M. White
`BMWhite@perkinscoie.com
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`Shannon Bloodworth
`Sbloodworth@perkinscoie.com
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`David Anstaett
`DAnstaett@perkinscoie.com
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`Richard Torczon
`rtorczon@wsgr.com
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`Vincent Capuano
`vcapuano@duanemorris.com
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`Christopher Kroon
`cskroon@duanemorris.com
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`The undersigned hereby certifies that “PATENT OWNER’S NOTICE OF
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`APPEAL TO THE UNITED STATES COURT OF APPEALS FOR THE
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`FEDERAL CIRCUIT” was filed with the Director of the United States Patent and
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`Trademark Office via hand delivery at the address below, was electronically filed
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`with the Patent Trial and Appeal Board via PTAB E2E, and was filed with the
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`4
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`Clerk of the United States Court of Appeals for the Federal Circuit electronically
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`via CM/ECF and via first class mail at the address below on this 1st day of
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`February, 2017.
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`Via hand delivery:
`Director of the United States Patent and Trademark Office
`Office of the General Counsel
`Patent and Trademark Office
`Madison East
`10B20 600 Dulany Street
`Alexandria, VA 22314
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`Via first class mail:
`Clerk of Court
`United States Court of Appeals for the Federal Circuit
`717 Madison Place, N.W.
`Washington, DC 20439
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`Dated: February 1, 2017
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`/Elizabeth J. Holland/
`Elizabeth J. Holland
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