throbber
Trials@uspto.gov
`571.272.7822
`
`
`
`
`
`Papel No. 17
`Filed: August 20, 2015
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`COALITION FOR AFFORDABLE DRUGS VI, LLC.,
`Petitioner,
`v.
`CELGENE CORPORATION,
`Patent Owner.
`_______________
`
`Case IPR2015-01092 (Patent 6,045,501)
`Case IPR2015-01096 (Patent 6,315,720)
`Case IPR2015-01102 (Patent 6,315,720)
`Case IPR2015-01103 (Patent 6,315,720)1
`____________
`
`
`
`
`
`
`
`Before MICHAEL P. TIERNEY, MICHAEL W. KIM, JAQUELINE
`WRIGHT BONILLA, GRACE KARAFFA OBERMANN, and TINA E.
`HULSE, Administrative Patent Judges.
`
`TIERNEY, Administrative Patent Judge.
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`1 This order addresses issues common to all cases; therefore, we issue a
`single order to be entered in each case.
`
`

`
`IPR2015-01092 (Patent 6,045,501)
`IPR2015-01096 (Patent 6,315,720)
`IPR2015-01102 (Patent 6,315,720)
`IPR2015-01103 (Patent 6,315,720)
`
`
`A conference call was held on August 19, 2015, between respective
`counsel for the parties and Judges Tierney, Kim, Bonilla, Obermann and
`Hulse. The purpose of the call was to discuss Patent Owner’s request to
`cross examine Petitioner’s declarant, Dr. Juan (Julie) Wu.
`Petitioner relied upon Dr. Wu’s testimony (Ex.10392) in its
`Opposition to Patent Owner’s Motion for Sanctions. Both Patent Owner and
`Petitioner agreed that Dr. Wu’s testimony, Ex.1039, was not relevant to the
`central issues raised in Patent Owner’s Motion for Sanctions. During the
`call, Petitioner requested authorization to file a motion to withdraw Dr. Wu’s
`declaration and strike those portions of its Opposition that cited to the
`declaration. The Board authorized Petitioner’s requested motion.
`Patent Owner requested that the date for its Reply to the Opposition to
`the Motion for Sanctions be extended to Friday, August 21, 2015. Petitioner
`did not oppose Patent Owner’s request. Based upon the facts presented, the
`Board authorized the requested extension of time to file the Reply.
`
`
`
`
`2 Citations to exhibits refer to those filed in IPR2015-01092. Similar
`exhibits were filed in each of the other cases.
`2
`
`
`

`
`IPR2015-01092 (Patent 6,045,501)
`IPR2015-01096 (Patent 6,315,720)
`IPR2015-01102 (Patent 6,315,720)
`IPR2015-01103 (Patent 6,315,720)
`
`PETITIONER:
`
`Sarah Spires
`Sarah.spires@skiermontpuckett.com
`
`Parvathi Kota
`Parvathi.kota@skiermontpuckett.com
`
`
`
`PATENT OWNER:
`
`Francis Cerrito
`nickcerrito@quinnemanuel.com
`
`Anthony Insogna
`aminsogna@jonesday.com
`
`3

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