`571-272-7822
`
`Paper 16
`Entered: August 7, 2015
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`INNOPHARMA LICENSING, INC., INNOPHARMA LICENSING LLC,
`INNOPHARMA INC., INNOPHARMA LLC,
`MYLAN PHARMACEUTICALS INC., and MYLAN INC.,
`Petitioner,
`
`v.
`
`SENJU PHARMACEUTICAL CO., LTD., BAUSCH & LOMB, INC., and
`BAUSCH & LOMB PHARMA HOLDINGS CORP.,
`Patent Owner.
`_________________________
`
`Case IPR2015-00902 (Patent 8,669,290 B2)
`Case IPR2015-00903 (Patent 8,129,431 B2)1
`________________________
`
`Before FRANCISCO C. PRATS, ERICA A. FRANKLIN, and
`GRACE KARAFFA OBERMANN, Administrative Patent Judges.
`
`OBERMANN, Administrative Patent Judge.
`
`ORDER
`Dismissing Motions for Joinder
`37 C.F.R. §§ 42.5
`
`
`
`
`
`1 This order addresses issues common to both cases; therefore, we issue a
`single order to be entered in each case. The parties are authorized to use this
`style heading when filing an identical paper in both proceedings, provided
`that such heading includes a footnote attesting that “the word-for-word
`identical paper is filed in each proceeding identified in the heading.”
`
`
`
`IPR2015-00902 (Patent 8,669,290 B2)
`IPR2015-00902 (Patent 8,129,431 B2)
`
`
`On March 19, 2015, Petitioner filed motions to join IPR2015-00902
`
`and IPR2015-00903 with, respectively, IPR2014-01043 and IPR2014-01041
`
`(“the related reviews”). The related reviews were initiated by a different
`
`Petitioner (“Metrics”). Metrics, Inc. v. Senju Pharmaceutical Co., Ltd.,
`
`IPR2014-01041 (Paper 6); IPR2014-01043 (Paper 6). This Order addresses
`
`Petitioner’s Motions for Joinder.2 Concurrently herewith, we issue decisions
`
`to institute inter partes reviews in the instant proceedings.
`
`On July 8, 2015, after Patent Owner and Metrics filed a joint motion
`
`to terminate the related reviews and a joint settlement agreement, we entered
`
`an order termining the related reviews. Metrics, Inc. v. Senju
`
`Pharmaceutical Co., Ltd., IPR2014-01041 (Paper 39); IPR2014-01043
`
`(Paper 39). We thus dismiss the Motions for Joinder as moot.
`
`
`
`It is
`
`ORDERED that the Motions for Joinder are dismissed as moot.
`
`
`
`
`
`
`
`
`
`
`
`2 The Motion for Joinder in IPR2015-00902 was filed as Paper 3. The
`Motion for Joinder in IPR2015-00903 was filed as Exhibit 0.
`
`
`2
`
`
`
`
`
`
`
`IPR2015-00902 (Patent 8,669,290 B2)
`IPR2015-00902 (Patent 8,129,431 B2)
`
`
`
`
`PETITIONER:
`Jitendra Malik
`Bryan L. Skelton
`Lance Soderstrom
`ALSTON & BIRD LLP
`Jitty.Malik@alston.com
`bryan.skelton@alston.com
`lance.soderstrom@alston.com
`
`
`
`PATENT OWNER:
`Bryan Diner
`M. Andrew Holtman
`Justin Hasford
`Jonathan R. Stroud
`Joshua Goldberg
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP
`bryan.diner@finnegan.com
`andy.holtman@finnegan.com
`justin.hasford@finnegan.com
`jonathan.stroud@finnegan.com
`joshua.goldberg@finnegan.com
`
`
`3
`
`
`
`
`
`
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