`571-272-7822
`
`
`
` Paper 24
`
`Entered: September 23, 2015
`
`
`
`
`
`
`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 and IPR2015-01093
`(Patent 7,056,886 B2)1
`_______________
`
`Before LORA M. GREEN, JACQUELINE WRIGHT BONILLA, and
`SHERIDAN K. SNEDDEN, Administrative Patent Judges.
`
`GREEN, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`1 This order addresses issues that are the same in the identified cases. We
`exercise our discretion to issue one order to be filed in each case. The parties
`are authorized to use this style heading when filing a single paper in each
`proceeding, provided that such heading includes a footnote attesting that “the
`word-for-word identical paper is filed in each proceeding identified in the
`heading.”
`
`
`
`
`
`IPR2015-00990 and IPR2015-01093
`Patent 7,056,886 B2
`
`
`
`On Friday, September 18, 2015, Mr. Jeremy Skog and Mr. Gregory
`
`Sidak (“the Amici”) hand-delivered documents to the Board in each of the
`
`above referenced cases, including a document entitled “Comments of Amici
`
`Curiae J. Gregory Sidak and Jeremy O. Skog in support of Neither Party In
`
`Response to the Board’s Request for Additional Briefing Pursuant to 37
`
`C.F.R. § 42.20(d)” (“the Amicus Brief”), and an attached exhibit.
`
`
`
`We note that the Amicus Brief and attached exhibit will not be entered
`
`in either of the above referenced cases, and will not be considered. Unless
`
`otherwise already authorized by rule, any request for relief, including the
`
`filing of an amicus brief, requires prior authorization from the Board. See,
`
`e.g., 37 C.F.R. § 42.20(b) (noting that a request for relief “will not be entered
`
`without Board authorization”); § 42.20(d) (stating that the “Board may order
`
`briefing on any issue involved in the trial”). If an individual or organization
`
`is of the belief that an amicus brief may aid the Board in its deliberations, it
`
`should request authorization from the Board before the filing of any such
`
`brief.
`
`
`
`Accordingly, it is ORDERED,
`
`The Amicus Brief filed by the Amici Mr. Jeremy Skog and Mr.
`
`Gregory Sidak, as well as the attached exhibit, will not be made of record in
`
`the instant cases, and will not be considered.
`
`
`
`
`
`
`
`
`
`2
`
`
`
`IPR2015-00990 and IPR2015-01093
`Patent 7,056,886 B2
`
`For PETITIONER:
`
`Jeffrey D. Blake
`Matthew L. Fedowitz
`MERCHANT & GOULD P.C.
`jblake@merchantgould.com
`mfedowitz@merchantgould.com
`
`For PATENT OWNER:
`
`Joseph R. Robinson
`Heather Morehouse Ettinger
`Dustin B. Weeks
`TROUTMAN SANDERS LLP
`joseph.robinson@troutmansanders.com
`heather.ettinger@troutmansanders.com
`dustin.weeks@troutmansanders.com
`
`Amici Curiae (via e-mail):
`
`Amici Curiae:
`J. Gregory Sidak
`jgsidak@criterioneconomics.com
`
`Jeremy O. Skog
`jskog@criterioneconomics.com
`
`
`
`
`3
`
`
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