`_____________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________
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`COALITION FOR AFFORDABLE DRUGS II LLC,
`Petitioner,
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`v.
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`NPS PHARMACEUTICALS, INC.,
`Patent Owner.
`___________________
`Case No. IPR2015-01093
`Patent No.: 7,056,886
`_____________________
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`PETITIONER’S UPDATED MANDATORY NOTICE
`PURSUANT TO 37 C.F.R. § 42.8
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`Case IPR2015-01093
`Patent 7,056,886
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`Coalition for Affordable Drugs II LLC, the Petitioner, respectfully submits
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`this Updated Mandatory Notice pursuant to 37 C.F.R. §§ 42.8(a)(3) and (b)(1) to
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`update the identification of each real party-in-interest. Coalition for Affordable
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`Drugs II LLC was a wholly owned subsidiary of Hayman Credes Master Fund,
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`L.P. at the time this Petition was filed. Coalition for Affordable Drugs II LLC is
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`currently a wholly owned subsidiary of Hayman Credes Master Fund, L.P.,
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`Hayman Orange Fund SPC – Portfolio A, and Hayman Capital Master Fund, L.P.
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`All other aspects of the real party-in-interest statement in the Petition remain
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`unchanged.
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`In accordance with 37 C.F.R. § 42.8(a)(3), this Updated Mandatory Notice is
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`timely filed within 21 days of the change to the real party-in-interest.
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`A. Real Party-In-Interest Under 37 C.F.R. § 42.8(b)(1)
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`The entirety of Petitioner’s updated real party-in-interest statement under 37
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`C.F.R. § 42.8(b)(1) is as follows:
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`Petitioner certifies that CFAD, Hayman Credes Master Fund, L.P.
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`(“Credes”), Hayman Orange Fund SPC – Portfolio A (“HOF”), Hayman Capital
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`Master Fund, L.P. (“HCMF”), Hayman Capital Management, L.P. (“HCM”),
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`Hayman Offshore Management, Inc. (“HOM”), Hayman Investments, L.L.C.
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`(“HI”), nXn Partners, LLC (“nXnP”), IP Navigation Group, LLC (“IPNav”), J.
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`Case IPR2015-01093
`Patent 7,056,886
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`Kyle Bass, and Erich Spangenberg are the real parties-in-interest (collectively,
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`“RPI”). The RPI certifies the following information:
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`CFAD is a wholly owned subsidiary of Credes, HOF and HCMF. Credes is
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`a limited partnership. HOF is a segregated portfolio company. HCMF is a limited
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`partnership. HCM is the general partner and investment manager of Credes and
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`HCMF. HCM is the investment manager of HOF. HOM is the administrative
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`general partner of Credes and HCMF. HI is the general partner of HCM. J. Kyle
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`Bass is the sole member of HI and sole shareholder of HOM. CFAD, Credes, HOF,
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`and HCMF act, directly or indirectly, through HCM as the general partner and/or
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`investment manager of Credes, HOF and HCMF. nXnP is a paid consultant to
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`HCM. Erich Spangenberg is the Manager and majority member of nXnP. IPNav is
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`a paid consultant to nXnP. Erich Spangenberg is the Manager and majority
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`member of IPNav.
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`Other than HCM and J. Kyle Bass in his capacity as the Chief Investment
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`Officer of HCM and nXnP, and Erich Spangenberg in his capacity as the
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`Manager/CEO of nXnP, no other person (including any investor, limited partner,
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`or member or any other person in any of CFAD, Credes, HOF, HCMF, HCM,
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`HOM, HI, nXnP, or IPNav) has authority to direct or control (i) the timing of,
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`filing of, content of, or any decisions or other activities relating to this Petition or
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`(ii) any timing, future filings, content of, or any decisions or other activities
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`Case IPR2015-01093
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`relating to the future proceedings related to this Petition. All of the costs associated
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`with this Petition will be borne by HCM, CFAD, Credes, HOF and/or HCMF.
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`Date: January 21, 2016
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`Respectfully submitted,
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`By:
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`
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`/s/ Jeffrey D. Blake
`Jeffrey D. Blake, Esq., Reg. No. 58,884
`Matthew L. Fedowitz, Reg. No. 61,386
`Brent E. Routman, Esq. (Pro Hac Vice)
`Merchant & Gould P.C.
`191 Peachtree Street N.E., Suite 3800
`Atlanta, GA 30303
`Main Telephone: (404) 954-5100
`Main Facsimile: (404) 954-5099
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`Counsel for Petitioner
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`Case IPR2015-01093
`Patent 7,056,886
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`CERTIFICATE OF SERVICE ON PATENT OWNER
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`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that on January 21,
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`2016, a complete and entire copy of PETITIONER’S UPDATED MANDATORY
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`NOTICE PURSUANT TO 37 C.F.R. § 42.8 was served by filing this document
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`through the Patent Review Processing System, as well as email copies to:
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`Joseph R. Robinson, Esq. (joseph.robinson@troutmansanders.com)
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`Dustin B. Weeks, Esq. (dustin.weeks@troutmansanders.com)
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` By:
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`Respectfully submitted,
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`MERCHANT & GOULD P.C.
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`
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`/s/ Jeffrey D. Blake
`Jeffrey D. Blake, Esq. Reg. No. 58,884
`Matthew L. Fedowitz, Reg. No. 61,386
`Brent E. Routman, Esq. (Pro Hac Vice)
`Merchant & Gould P.C.
`191 Peachtree Street N.E., Suite 3800
`Atlanta, GA 30303
`Main Telephone: (404) 954-5100
`Main Facsimile: (404) 954-5099
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`Counsel for Petitioner
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