`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`COALITION FOR AFFORDABLE DRUGS II LLC,
`
`Petitioner,
`
`v.
`
`NPS PHARMACEUTICALS, INC.
`
`Patent Owner.
`
`____________
`
`Cases IPR2015-00990
`(Patent 7,056,886 B2)
`
`
`
`
`
`
`PATENT OWNER NPS PHARMACEUTICALS, INC.’S
`NOTICE OF APPEAL
`
`
`
`29956711v1
`
`
`
`Case IPR2015-00990
`Patent 7,056,886
`
`Director of the United States Patent and Trademark Office
`Office of the General Counsel
`PO Box 1450
`Alexandria, VA 22313-1450
`
`Notice is hereby given, pursuant to 35 U.S.C. §§ 141 and 142 and in
`
`accordance with 37 C.F.R. § 90.2(a), that Patent Owner NPS Pharmaceuticals, Inc.
`
`(“NPS”) hereby appeals to the United States Court of Appeals for the Federal
`
`Circuit from the Final Written Decision of the Patent Trial and Appeal Board
`
`(“Board”) entered on October 21, 2016 (Paper 68) and from all underlying orders,
`
`decisions, rulings and opinions.
`
`For the limited purpose of providing the Director with the information
`
`requested in 37 C.F.R. § 90.2(a)(3)(ii), NPS expects that the issues on appeal may
`
`include the following, without limitation: the Board’s determination that Claims
`
`46-52 and 61-75 of U.S. Patent No. 7,056,886 are rendered obvious by the prior art
`
`of record, and any finding or determination (factual or legal) supporting or related
`
`to that determination; the Board’s interpretation of the claims; the Board’s
`
`application of the legal standards for anticipation and obviousness; the Board’s
`
`findings regarding the disclosures of the prior art of record to a person of ordinary
`
`skill in the art and the acceptance of evidence on this issue; the Board’s findings
`
`regarding whether the Petitioner met its burden of establishing the prior art of
`
`record enables the claimed invention; the Board’s findings regarding whether the
`
`Petitioner met its burden of establishing that a person of ordinary skill in the art
`
`would have been motivated to combine the prior art of record in the ways stated by
`
`29956711v1
`
`1
`
`
`
`Case IPR2015-00990
`Patent 7,056,886
`
`the Board absent hindsight; the Board’s findings regarding whether the Petitioner
`
`met its burden of establishing that a person of ordinary skill in the art would have
`
`had a reasonable expectation of successfully arriving at the claimed invention; and
`
`the Board’s findings relating to objective indicia of nonobviousness and the weight
`
`to be accorded them in an analysis of obviousness; as well as all other issues
`
`decided adversely to NPS in any orders, decisions, rulings and opinions.
`
`Concurrently with this submission, a copy of this Notice of Appeal is being
`
`filed with the Board. In addition, this Notice of Appeal, along with the required
`
`docketing fees, are being filed electronically with the Clerk’s Office for the United
`
`States Court of Appeals for the Federal Circuit via the Court’s CM/ECF system.
`
`NPS does not believe that the filing of this notice requires the payment of any fees
`
`to the United States Patent and Trademark Office. However, in the event that such
`
`fees are required, the Director is hereby authorized to charge any required fees to
`
`Deposit Account 20-1507 to ensure that this notice is considered timely filed and
`
`processed.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` Respectfully submitted,
`
`Dated: December 20, 2016
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/Dustin B. Weeks/
`
` Dustin B. Weeks, PTO Reg. No. 67,466
`
`Joseph R. Robinson, PTO Reg. No. 33,448
` Heather M. Ettinger, PTO Reg. No. 51,658
` Attorneys for Patent Owner
`
`29956711v1
`
`2
`
`
`
`Case IPR2015-00990
`Patent 7,056,886
`
`
`
`CERTIFICATE OF FILING AND SERVICE
`
`I hereby certify that, in addition to being filed electronically through the
`
`Patent Trial and Appeal Board’s Patent Review Processing System (PRPS), the
`
`original version of the foregoing, Patent Owner NPS Pharmaceuticals, Inc.’s
`
`Notice of Appeal, was filed by Express Mail on this 20th day of December, 2016,
`
`with the Director of the United States Patent and Trademark Office, at the
`
`following address:
`
`Director of the United States Patent and Trademark Office
`Office of the General Counsel
`PO Box 1450
`Alexandria, VA 22313-1450
`
` I
`
` also hereby certify that a true and correct copy of the foregoing, Patent
`
`Owner NPS Pharmaceutical, Inc.’s Notice of Appeal, was filed on this 20th day of
`
`December, 2016 with the Clerk’s Office of the United States Court of Appeals for
`
`the Federal Circuit through the Court’s CM/ECF system.
`
`I further hereby certify that a true and correct copy of the foregoing, Patent
`
`Owner NPS Pharmaceuticals, Inc.’s Notice of Appeal, was served on this 20th day
`
`of December, 2016 via email to the following attorneys of record for the Petitioner,
`
`Coalition for Affordable Drugs II LLC.:
`
`Jeffrey D. Blake, Esq.
`jblake@merchantgould.com
`
`
`29956711v1
`
`
`
`Case IPR2015-00990
`Patent 7,056,886
`
`Matthew L. Fedowitz, Esq.
`mfedowitz@merchantgould.com
`
` Respectfully submitted,
`
`/Dustin B. Weeks/
`
` Dustin B. Weeks, PTO Reg. No. 67,466
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Dated: December 20, 2016
`
`
`
`
`
`
`
`
`
`
`29956711v1