IPR2015-01093
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`COALITION FOR AFFORDABLE DRUGS II LLC,
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`Petitioner,
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`v.
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`NPS PHARMACEUTICALS, INC.
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`Patent Owner.
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`____________
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`Cases IPR2015-01093
`(Patent 7,056,886 B2)
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`PATENT OWNER NPS PHARMACEUTICALS, INC.’S
`NOTICE OF APPEAL
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`29956737v1
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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`COALITION FOR AFFORDABLE DRUGS II LLC,
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`Petitioner,
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`v.
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`NPS PHARMACEUTICALS, INC.
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`Patent Owner.
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`____________
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`Cases IPR2015-01093
`(Patent 7,056,886 B2)
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`PATENT OWNER NPS PHARMACEUTICALS, INC.’S
`NOTICE OF APPEAL
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`29956737v1
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`Case IPR2015-01093
`Patent 7,056,886
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`Director of the United States Patent and Trademark Office
`Office of the General Counsel
`PO Box 1450
`Alexandria, VA 22313-1450
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`Notice is hereby given, pursuant to 35 U.S.C. §§ 141 and 142 and in
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`accordance with 37 C.F.R. § 90.2(a), that Patent Owner NPS Pharmaceuticals, Inc.
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`(“NPS”) hereby appeals to the United States Court of Appeals for the Federal
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`Circuit from the Final Written Decision of the Patent Trial and Appeal Board
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`(“Board”) entered on October 21, 2016 (Paper 67) and from all underlying orders,
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`decisions, rulings and opinions.
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`For the limited purpose of providing the Director with the information
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`requested in 37 C.F.R. § 90.2(a)(3)(ii), NPS expects that the issues on appeal may
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`include the following, without limitation: the Board’s determination that Claims 1-
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`27, 31-40, and 44-45 of U.S. Patent No. 7,056,886 are rendered obvious by the
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`prior art of record, and any finding or determination (factual or legal) supporting or
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`related to that determination; the Board’s interpretation of the claims; the Board’s
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`application of the legal standards for anticipation and obviousness; the Board’s
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`findings regarding the disclosures of the prior art of record to a person of ordinary
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`skill in the art and the acceptance of evidence on this issue; the Board’s findings
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`regarding whether the Petitioner met its burden of establishing the prior art of
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`record enables the claimed invention; the Board’s findings regarding whether the
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`Petitioner met its burden of establishing that a person of ordinary skill in the art
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`would have been motivated to combine the prior art of record in the ways stated by
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`29956737v1
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`1
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`Case IPR2015-01093
`Patent 7,056,886
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`the Board absent hindsight; the Board’s findings regarding whether the Petitioner
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`met its burden of establishing that a person of ordinary skill in the art would have
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`had a reasonable expectation of successfully arriving at the claimed invention; and
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`the Board’s findings relating to objective indicia of nonobviousness and the weight
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`to be accorded them in an analysis of obviousness; as well as all other issues
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`decided adversely to NPS in any orders, decisions, rulings and opinions.
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`Concurrently with this submission, a copy of this Notice of Appeal is being
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`filed with the Board. In addition, this Notice of Appeal, along with the required
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`docketing fees, are being filed electronically with the Clerk’s Office for the United
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`States Court of Appeals for the Federal Circuit via the Court’s CM/ECF system.
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`NPS does not believe that the filing of this notice requires the payment of any fees
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`to the United States Patent and Trademark Office. However, in the event that such
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`fees are required, the Director is hereby authorized to charge any required fees to
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`Deposit Account 20-1507 to ensure that this notice is considered timely filed and
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`processed.
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` Respectfully submitted,
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`Dated: December 20, 2016
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`/Dustin B. Weeks/
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` Dustin B. Weeks, PTO Reg. No. 67,466
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`Joseph R. Robinson, PTO Reg. No. 33,448
` Heather M. Ettinger, PTO Reg. No. 51,658
` Attorneys for Patent Owner
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`29956737v1
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`Case IPR2015-01093
`Patent 7,056,886
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`CERTIFICATE OF FILING AND SERVICE
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`I hereby certify that, in addition to being filed electronically through the
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`Patent Trial and Appeal Board’s Patent Review Processing System (PRPS), the
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`original version of the foregoing, Patent Owner NPS Pharmaceuticals, Inc.’s
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`Notice of Appeal, was filed by Express Mail on this 20th day of December, 2016,
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`with the Director of the United States Patent and Trademark Office, at the
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`following address:
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`Director of the United States Patent and Trademark Office
`Office of the General Counsel
`PO Box 1450
`Alexandria, VA 22313-1450
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` I
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` also hereby certify that a true and correct copy of the foregoing, Patent
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`Owner NPS Pharmaceutical, Inc.’s Notice of Appeal, was filed on this 20th day of
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`December, 2016 with the Clerk’s Office of the United States Court of Appeals for
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`the Federal Circuit through the Court’s CM/ECF system.
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`I further hereby certify that a true and correct copy of the foregoing, Patent
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`Owner NPS Pharmaceuticals, Inc.’s Notice of Appeal, was served on this 20th day
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`of December, 2016 via email to the following attorneys of record for the Petitioner,
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`Coalition for Affordable Drugs II LLC.:
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`Jeffrey D. Blake, Esq.
`jblake@merchantgould.com
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`29956737v1
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`Case IPR2015-01093
`Patent 7,056,886
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`Matthew L. Fedowitz, Esq.
`mfedowitz@merchantgould.com
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` Respectfully submitted,
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`/Dustin B. Weeks/
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` Dustin B. Weeks, PTO Reg. No. 67,466
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`Dated: December 20, 2016
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`29956737v1
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