`
`
`
`Michael H. Teschner
`908.518.6313
`MTeschner@ldlkm.com
`
`(Electronically Filed)
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P O Box 1450
`Alexandria, VA 22313-1450
`Inter Partes Review of U.S. Patent No. 8,476,010
`Exhibit Cover Letter Per 37 C.F.R. § 42.6(e)(4)(ii)
`
`Dear Patent Trial and Appeal Board:
`This transmittal letter identifies Exhibits 1001-1033, being filed concurrently with the
`present Petition for Inter Partes Review. Pursuant to 37 C.F.R. § 42.6(e)(4)(ii), the Certificate of
`Service attached to the end of the Petition for Inter Partes Review filed herewith, incorporates
`Exhibits 1001-1032, as listed below:
`Exhibit # Reference
`1001
`U.S. Patent No. 8,476,010
`1002
`Declaration of Thomas N. Feinberg, PhD
`Curriculum Vitae of Thomas N. Feinberg, PhD
`1003
`Smith et al., "Siliconization of Parenteral Drug Packaging Components," 1988,
`1004
`42 J. of Parenteral Sci. and Tech., at S4 (1988 Supp.)
`Entry for Diprivan® in the Physician's Desk Reference, 51st Edition, 1997,
`pp.341, 2939-2945
`R. Farinotti, "Physio-chemical Interactions and Storage of Diprivan®," Ann. Fr.
`Anesth. Reanim., 1994 (French Publication)
`Certified English LanguageTranslation of Exhibit 1006
`August 3, 2001 Web page for Diprivan® FAQs
`Han et al., Physical properties and stability of two emulsion formulations of
`propofol, Int'l J.of Pharmaceutics, 215 (2001) 207-220
`U.S. Patent No. 5,114,794
`West 1999 Bulletin
`West 2000 Bulletin
`Siliconization: As Applied to Containers and Closures, Bulletin of the Parenteral
`Drug Association, Vol. 22, No. 2 March/April 1968
`U.S. Patent No. 5,714,520
`
`1014
`
`3934932_1.docx
`
`1005
`
`1006
`
`1007
`1008
`1009
`
`1010
`1011
`1012
`1013
`
`
`
`
`
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`February 6, 2015
`Page 2
`
`
`
`
`Exhibit # Reference
`Complaint from related litigation ____ 14-CV-00160-RGA, Document 1 (Filed
`1015
`02/06/14)
`Waiver of Service of Summons from related litigation ____ 14-cv-00160,
`Document 5 (Filed 03/10/14)
`September 6, 2007 Response to Office Action, U.S. Serial No. 10/616,709
`July 13, 2012 Office Action, U.S. Serial No. 10/616,709
`December 16, 2010 Response to Office Action, U.S. Serial No. 10/616,709
`February 4, 2013 Response to Office Action, U.S. Serial No. 10/616,709
`May 15, 2013 Interview Summary, U.S. Serial No. 10/616,709
`May 15, 2013 Notice of Allowability and Examiner's Amendment, U.S. Serial
`No. 10/616,709
`Excerpts from "Plaintiff Fresenius Kabi USA, LLC's Opening Claim
`Construction Brief"
`Webster's Third New International Dictionary (2002) selected pages
`Colas, Silicones in Pharmaceutical Applications, Dow Corning Healthcare
`Industries (2001)
`Hawley's Condensed Chemical Dictionary, 13th Ed., 1997
`Dutch Diprivan® Label 10 mg SmPC RVG 25809
`Certified English Language Translation of Exhibit 1027
`Excerpts from file history of U.S. Patent No. 6,576,245 (Lundgren et al.)
`Declaration of Peggy Frandolig with attached Exhibits A and B (Exhs. 1011,
`1012).
`Lundgren WO20000012043
`In re Cuozzo Speed Techs., LLC, No. 2014-1301, Slip. Op. at 16, 19 (Fed. Cir.
`Feb. 4, 2015)
`
`1016
`
`1017
`1018
`1019
`1020
`1021
`1022
`
`1023
`
`1024
`1025
`
`1026
`1027
`1028
`1029
`1030
`
`1031
`1032
`
`
`Sincerely yours,
`LERNER, DAVID, LITTENBERG,
` KRUMHOLZ & MENTLIK, LLP
`
`MICHAEL H. TESCHNER
`Registration No. 32,862
`Counsel for Petitioner
`
`
`
`MHT/dmf
`
`3934932_1.docx
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