Michael H. Teschner
`908.518.6313
`MTeschner@ldlkm.com
`
`February 27, 2015
`
`
`
`(Electronically Filed)
`Ms. Tina Lee, Trial Paralegal
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P O Box 1450
`Alexandria, VA 22313-1450
`
`
`
`Re:
`
`Case IPR2015-00715
`
`
`Dear Ms. Lee:
`
`Pursuant to the Notice Of Filing Date Accorded To Petition And Time For Filing Patent
`Owner Preliminary Response mailed February 26, 2015, the above-identified petition for inter
`partes review was accorded the filing date of February 6, 2015. However, a review of the petition
`identified a defect in that the claims chart allegedly contains arguments on page 32, second and
`third paragraphs.
`
`Petitioner appreciates being accorded the February 6, 2015 filing date and both the
`identification of the defect and an explanation of how it can be addressed. Accordingly, the last two
`paragraphs in the claim chart on page 32, namely that beginning "There was a motivation" and "The
`use of a siliconized" have been deleted in their entireties. Other than this deletion, Petitioner has
`changed the title to reflect a "corrected" petition, changed the caption to match that provided in the
`Notice, updated the table of contents and table of authorities due to the change in pagination,
`updated the certificate of service, and amended the header to include the IPR number and corrected
`title. No other changes have been made to the petition and no new matter was introduced. The
`corrected petition is also being re-served on the parties identified in the certificate of service.
`
`The notice, mailed February 26, 2015, set a five business day time period for correction of
`the defect and therefore the filing of this corrected petition should be considered in compliance
`therewith. Should you or the Board have any further questions in connection with this matter,
`please do not hesitate to contact lead counsel, William L. Mentlik or me.
`
`Sincerely yours,
`
`LERNER, DAVID, LITTENBERG,
` KRUMHOLZ & MENTLIK, LLP
`
`MICHAEL H. TESCHNER
`Registration No. 32,862
`Counsel for Petitioner
`
`
`
`MHT/kat
`
`3963228_1.docx
`
`

`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a copy of the foregoing was served on
`
`
`
`February 27, 2015, by FedEx on Blanchard & Associates (the Patent Owner's counsel
`
`of record), Fresenius Kabi USA, LLC, and Goodwin Procter LLP at the addresses
`
`listed below.
`
`BLANCHARD & ASSOCIATES
`566 West Adams Street
`Suite 600
`Chicago, IL 60661
`(214) 871-1300
`Fresenius Kabi USA, LLC
`Three Corporate Drive
`Lake Zurich, IL 60047
`Main Phone (847) 550-2300
`Toll Free (888) 391-6300
`contactus@fresenius-kabi.com
`
`Dated:
`
`
`February 27, 2015
`
`
`
`
`
`
`
`
`Daryl L. Wiesen
`John Bennett
`Sundar Subramanyam
`Sam Sherry
`Todd Marabella
`Jennifer L. Ford
`GOODWIN PROCTER LLP
`Exchange Place
`53 State Street
`Boston, MA 02109
`(617) 570-1000
`(617) 523-1231 (fax)
`DWiesen@goodwinprocter.com
`JBennett@goodwinprocter.com
`SSubramanyam@goodwinprocter.com
`SSherry@goodwinprocter.com
`TMarabella@goodwinprocter.com
`JFord@goodwinprocter.com
`
`By: s/ Michael H. Teschner
`
`Michael H. Teschner
`Reg. No. 32,862
`
`
`
`3963228_1.docx