`Filed: January 25, 2016
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`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`___________________
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`
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`COALITION FOR AFFORDABLE DRUGS VI LLC
`
`PETITIONER
`
`V.
`
`CELEGENE CORPORATION
`
`PATENT OWNER
`
`
`
`___________________
`
`Case IPR2015-01103
`Patent 6,315,720
`___________________
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`
`
`PETITIONER’S MOTION TO SUBMIT SUPPLEMENTAL
`INFORMATION PURUSUANT TO 37 C.F.R. § 42.123(a)
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`
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`Pursuant to 37 C.F.R. § 42.123(a), Petitioner Coalition For Affordable
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`Case IPR2015-01103
`Patent 6,315,720
`
`
`
`Drugs VI LLC (“CFAD”) hereby moves to submit supplemental information in
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`accordance with the Order dated December 9, 2015 (Paper 34) in Case IPR2015-
`
`01103. The Patent Owner indicated that it opposes this motion.
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`I. The Present Motion Complies with the Rules
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`1. The present motion complies with the requirements of 37 CFR §
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`42.123(a)(1), as set forth below:
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`2. 37 CFR § 42.123(a)(1): The Board instituted the inter partes review of U.S.
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`Patent 6,315,720 in a Decision dated October 27, 2015. (Paper 22.) Petitioner’s
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`request for authorization was timely made within one month of institution. (See e-
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`mail communication to the Board and Patent Owner on November 27, 2015.)
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`3. 37 CFR § 42.123(a)(2): In this proceeding, trial has not been instituted for
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`Claims 1–32 based on FDA Meeting Transcripts (Exs. 1012, 1013) or CDC
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`minutes (Ex. 1014). Specifically, Petitioner relies on these references to explain the
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`state of the relevant art at the time of the invention. (Paper 1 at 13–14.)
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`4. Patent Owner objected to the admissibility of evidence submitted during the
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`preliminary proceedings— FDA Meeting Transcripts (Exs. 1012, 1013) and CDC
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`minutes (Ex. 1014). (Paper 24.)
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`1
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`5. Pursuant to 37 C.F.R. § 42.64(b)(2), Petitioner timely responded to Patent
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`Case IPR2015-01103
`Patent 6,315,720
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`
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`Owner’s objections to evidence submitted during the preliminary proceeding with
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`service of the following supplemental evidence:
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`Evidence
`
`Exhibit 1012 &
`1013 (FDA
`Meeting
`Transcript
`
`Exhibit 1014
`(CDC Minutes)
`
`
`
`
`
`Supplemental Evidence Submitted in
`Response
`
`Patent
`Owner’s
`Objection
`FRE 901, 802 Exhibit 1074 - Oct. 12, 2011 Information
`Disclosure Statement, Application No.
`12/966,240 (resulting in U.S. Patent No.
`8,204,763)
`
`FRE 901, 802 Exhibit 1075 - Sep. 19, 2011 Information
`Disclosure Statement, Application No.
`12/966,261 (resulting in U.S. Patent No.
`8,315,886)
`
`Exhibit 1076 - Federal Register Volume 62,
`Number 53 (March 19, 1997)
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`II. The Supplemental Information
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`6. As mentioned above, the present IPR refers to FDA Meeting Transcripts and
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`CDC minutes, and the supplemental information regarding these references having
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`been served on Patent Owner, Petitioner seeks to file the above supplemental
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`evidence as supplemental information.
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`III. Conclusion
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`The supplemental information Petitioner seeks to submit does not change the
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`grounds of unpatentability on which the inter partes review has been instituted, nor
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`2
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`
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`does it change the evidence initially presented in the Petition to support such
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`Case IPR2015-01103
`Patent 6,315,720
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`grounds of unpatentability. Instead, the supplemental information merely
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`constitutes additional information that confirms public accessibility/availability of
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`FDA Meeting Transcripts (Exs. 1012, 1013) and CDC minutes (Ex. 1014), and this
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`supplemental information was neither withheld intentionally nor would it limit or
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`frustrate the Board’s ability to complete this proceeding in a timely manner.
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`For the foregoing reasons, Petitioner requests the Board to accept this
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`motion.
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`January 25, 2016
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`
`
`Dr. Parvathi Kota (Reg. No. 65,122)
`Paul J. Skiermont (pro hac vice)
`SKIERMONT DERBY LLP
`2200 Ross Ave. Ste. 4800W
`Dallas, Texas 75201
`P: 214-978-6600/F: 214-978-6621
`Back-Up Counsel for Petitioner
`
`
`
`3
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`Respectfully submitted,
`
`
`
`
`
`Sarah E. Spires (Reg. No. 61,501)
`SKIERMONT DERBY LLP
`2200 Ross Ave. Ste. 4800W
`Dallas, Texas 75201
`P: 214-978-6600/F: 214-978-6601
`Lead Counsel for Petitioner
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`
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`CERTIFICATE OF SERVICE
`
`Case IPR2015-01103
`Patent 6,315,720
`
`I hereby certify that on January 25, 2016, a copy of this Motion, including
`
`all exhibits, was served via email upon the following:
`
`Francis Cerrito
`nickcerrito@quinnemanuel.com
`
`Eric C. Stops
`ericstops@quinnemanuel.com
`
`Frank C. Calvosa
`frankcalvosa@quinnemanuel.com
`
`Anthony Insogna
`aminsogna@jonesday.com
`
`J. Patrick Elsevier
`jpelsevier@jonesday.com
`
`Gasper J. LaRosa
`gjlarosa@jonesday.com
`
`
`
`Date: January 25, 2016
`
`
`
`
`
`
`
`/Sarah E. Spires/
`
`
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`
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