`
` Filed: August 19, 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 NO.: IPR2015-01103
`PATENT NO. 6,315,720
`___________________
`
`PETITIONER’S UNOPPOSED MOTION TO WITHDRAW THE
`DECLARATION OF DR. JULIE WU FROM ITS OPPOSITION TO
`PATENT OWNER’S MOTION FOR SANCTIONS PURSUANT TO 35
`U.S.C. § 316(a)(6) AND 37 C.F.R. § 42.12
`
`
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`
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`On July 28, 2015, Patent Owner filed a Motion for Sanctions Pursuant to 35
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`U.S.C. § 316(a)(6) and 37 C.F.R. § 42.12, requesting dismissal of Petitioner’s
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`Petition in IPR2015-01103 against U.S. Patent No. 6,315,720 for abuse of process.
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`On August 11, 2015, Petitioner filed an Opposition to Patent Owner’s Motion,
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`including as Exhibit 1054 the declaration of Dr. Juan (Julie) Wu, Ph.D., M.S. On
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`August 12, 2015, Patent Owner requested that Petitioner “provide Dr. Wu’s
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`availability for deposition by the close of business tomorrow.” On August 13,
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`2015, Petitioner rejected Patent Owner’s request. On August 14, 2015, Patent
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`Owner requested a Board call to address its position that “it is entitled to depose
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`Petitioner’s declarant before preparing its reply papers.” Today, the parties
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`participated in Patent Owner’s requested call with the Board.
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`Petitioner files this unopposed motion in response to statements by the
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`Patent Owner on today’s call that it does not believe the legality or benefits of
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`short-selling—the topics addressed by Dr. Wu’s declaration—are relevant to the
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`central issues of Patent Owner’s Motion for Sanctions. Petitioner stated on the call
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`that the Patent Owner put short selling at issue with attorney argument and press
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`clippings disparaging short selling. Petitioner further stated it does not think it
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`should be required to shoulder the burden and expense of a deposition at this stage
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`of the proceeding because it chose to submit Dr. Wu’s declaration in response to
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`the attorney argument and press articles Patent Owner submitted. In any event,
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`1
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`after hearing argument, the Board stated at the end of the call that it was taking
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`Patent Owner’s request for a deposition under advisement—which meant the
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`deposition issue would not be resolved until a future unknown date.
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`Therefore, as stated on today’s call, in the interest of immediately resolving
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`the deposition dispute, moving to the merits, and avoiding any further delay and
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`expense from Patent Owner’s motion practice and deposition request, Petitioner
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`requests that Dr. Wu’s declaration be withdrawn. Petitioner will instead rely on the
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`short selling evidence it submitted based on the congressional testimony of
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`Professor Owen Lamont at Exhibit 1073 (cited on page 6 of Petitioner’s
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`Response).
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`Petitioner’s Response to Patent Owner’s Motion for Sanctions cited Dr.
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`Wu’s declaration in two places: the bottom of page 6, and footnote 2 on page 10.
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`With respect to the page 6 references to Dr. Wu’s declaration, Petitioner requests
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`that portions of Petitioner’s Response be excised as indicated in the screen shot on
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`the following page:
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`
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`2
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`
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`The above page 6 paragraph with the stricken portions removed results in the
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`following revised Petitioner Response:
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`3
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`For the footnote 2 (page 10) reference to Dr. Wu’s declaration, Petitioner
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`requests Petitioner’s Response be excised as indicated below:
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`The above footnote 2 with the stricken portions removed, and with the citation to
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`Dr. Wu’s declaration replaced with the exact same Ex. 1073 cite appearing on page
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`6, results in the following revised Petitioner Response:
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`4
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`August 19, 2015
`
`
`
`Dr. Parvathi Kota (Reg. No. 65,122)
`Paul J. Skiermont (pro hac vice requested)
`SKIERMONT PUCKETT LLP
`2200 Ross Ave. Ste. 4800W
`Dallas, Texas 75201
`P: 214-978-6600/F: 214-978-6621
`Back-Up Counsel for Petitioner
`
`
`
`Respectfully submitted,
`
`/Sarah E. Spires/
`Sarah E. Spires (Reg. No. 61,501)
`SKIERMONT PUCKETT 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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`5
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`CERTIFICATE OF SERVICE
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`I hereby certify that on August 19, 2015, a copy of this Unopposed Motion
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`to Withdraw the Declaration of Dr. Julie Wu from its Opposition to Patent
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`Owner’s Motion for Sanctions Pursuant to 35 U.S.C. § 316(a)(6) and 37 C.F.R. §
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`42.12 was served by filing these documents through the Patent Review Processing
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`System, as well as emailing copies to nickcerrito@quinnemanuel.com and
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`aminsogna@jonesday.com.
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`
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`Date: August 19, 2015
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`
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`/Sarah E. Spires/
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