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`Filed: January 25, 2016
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`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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`___________________
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`COALITION FOR AFFORDABLE DRUGS VI LLC
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`PETITIONER
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`V.
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`CELEGENE CORPORATION
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`PATENT OWNER
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`___________________
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`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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`Case IPR2015-01103
`Patent 6,315,720
`Pursuant to 37 C.F.R. § 42.123(a), Petitioner Coalition For Affordable
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`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-
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`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 § 42.123(a),
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`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 been instituted for
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`Claims 1–32 based on, in part, Menill (Ex. 1026). Specifically, Petitioner relies on
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`Menill to explain the knowledge of one of ordinary skill in the art at the time of the
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`invention. (Paper 1 at 45.) The Board included this Menill reference in the ground
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`on which it instituted the trial. (Paper 22 at 7.) As such, the supplemental
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`information for Menill sought to be submitted is relevant to a claim for which the
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`trial has been instituted.
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`1
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`Case IPR2015-01103
`Patent 6,315,720
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`II. The Supplemental Information
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`4. As mentioned above, the present IPR refers to and relies on Menill for
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`invalidating at least one claim.
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`5. The Board or Patent Owner did not challenge the public
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`accessibility/availability of Menill. However, out of an abundance of caution,
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`Petitioner seeks to file the following supplemental information for the Menill
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`reference to demonstrate its pubic accessiblity/availability:
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`a. Ex. 1078 (WorldCat results for Menill (Ex. 1026)): Menill was listed
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`in WorldCat with a cataloging date of 16 November 1994. Eleven
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`libraries held the Menill reference.
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`b. Ex. 1079 (Scopus citations for Menill (Ex. 1026)): Scopus, an Elsevier
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`database, lists 20 articles citing Menill from 1997 to the present.
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`c. Ex. 1080 (Google Scholar citations for Menill (Ex. 1026)): Google
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`Scholar lists 9 articles citing Menill dating from 1994 to the present.
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`d. Ex. 1081 (Wayback machine archive.org results for Menill (Ex.
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`1026)): The home page for CASA only goes back to 1996, and Menill
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`was available online from August, 27, 1999.
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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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`Case IPR2015-01103
`Patent 6,315,720
`does it change the evidence initially presented in the Petition to support such
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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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`Menill (Ex. 1026), and this supplemental information was neither withheld
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`intentionally nor would it limit or frustrate the Board’s ability to complete this
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`proceeding in a timely manner.
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`For the foregoing reasons, Petitioner requests the Board to accept this
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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
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`3
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`motion.
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`Respectfully submitted,
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`/Sarah E. Spires/
`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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`Case IPR2015-01103
`Patent 6,315,720
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`CERTIFICATE OF SERVICE
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`I hereby certify that on January 25, 2016, a copy of this Motion, including
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`all exhibits, was served via email upon the following:
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`Francis Cerrito
`nickcerrito@quinnemanuel.com
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`Eric C. Stops
`ericstops@quinnemanuel.com
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`Frank C. Calvosa
`frankcalvosa@quinnemanuel.com
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`Anthony Insogna
`aminsogna@jonesday.com
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`J. Patrick Elsevier
`jpelsevier@jonesday.com
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`Gasper J. LaRosa
`gjlarosa@jonesday.com
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`Date: January 25, 2016
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`/Sarah E. Spires/
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