`_____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________
`
`PAR PHARMACEUTICAL, INC.,
`Petitioner,
`
`v.
`
`HYPERION THERAPEUTICS, INC.,
`Patent Owner.
`
`
`
`
`
`_____________________
`
`Case IPR2015-01117
`Patent 8,642,012
`_____________________
`
`PETITIONER’S REQUEST FOR CLARIFICATION
`OF DECISION TO INSTITUTE INTER PARTES REVIEW
`
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`
`
`
` IPR2015-01117
`Patent No. 8,642,012
`Petitioner’s Request For Clarification
`
`On November 4, 2015, the Board issued a Decision under 37 C.F.R. §
`
`42.108 (the “Decision”) inter alia authorizing inter partes review of claims 1–12
`
`of U.S. Patent No. 8,642,012 (“the ’012 patent”).
`
`In Section F, the Decision states that “Petitioner has demonstrated a
`
`reasonable likelihood of showing that claims 6 and 11 would have been obvious
`
`over Brusilow ’91, Sherwin, Shiple, Kasumov, and the ’979 patent.” See id. at 19
`
`(emphasis added). On page 21, however, the Decision states that under 35 U.S.C.
`
`§ 103, claims 6 and 11 are unpatentable over Brusilow ’91, Sherwin, Shiple, and
`
`Kasumov. See Decision at 21 (Paper 13). The Decision has an apparent
`
`typographical error on page 21 because it omits the ’979 patent as part of the
`
`instituted ground for claims 6 and 11.
`
`Petitioner respectfully requests that the Board clarify its Decision so that the
`
`Granted grounds correspond to the Decision, specifically that claims 6 and 11 are
`
`obvious in view of Brusilow ’91, Sherwin, Shiple, Kasumov, and the ’979 patent,
`
`as reflected in Section F of the Decision.
`
`Date: May 13, 2016
`Axinn, Veltrop & Harkrider LLP
`950 F Street, N.W.
`Washington, DC 20004
`Tel: (202) 912-4700
`
`Respectfully Submitted,
`
`
`
`Aziz Burgy
`Registration No. 51,514
`Attorney for Petitioner
`Par Pharmaceutical, Inc.
`
`
`
`
`
`CERTIFICATION OF SERVICE (37 C.F.R. §§ 42.6(e), 42.105(a))
`
` IPR2015-01117
`Patent No. 8,642,012
`Certificate of Service
`
`
`The undersigned hereby certifies that the above-captioned “Petitioner’s
`
`Request for Clarification of Decision to Institute Inter Partes Review” was served
`
`in its entirety on May 13, 2016 through the Patent Review Processing System, and
`
`additionally upon the following parties via Electronic Mail:
`
`
`
`Lauren Stevens: lstevens@horizonpharma.com
`Matthew C. Phillips: matthew.phillips@renaissanceiplaw.com
`Dennis Bennett: dennisbennett@globalpatentgroup.com
`
`Robert Green: rgreen@greengriffith.com
`Emer Simic: esimic@greengriffith.com
`Jessica Tyrus: jtyrus@greengriffith.com
`
`Respectfully Submitted,
`
`
`
`Aziz Burgy
`Registration No. 51,514
`Attorney for Petitioner
`Par Pharmaceutical, Inc.
`
`
`Date: May 13, 2016
`Axinn, Veltrop & Harkrider LLP
`950 F Street, N.W.
`Washington, DC 20004
`Tel: (202) 912-4700
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