`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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`PAR PHARMACEUTICAL, INC.,
`
`and
`
`LUPIN LTD. and LUPIN PHARMACEUTICALS, INC.
`Petitioners,
`
`v.
`
`HORIZON THERAPEUTICS, INC.,
`Patent Owner.
`____________
`
`Case IPR2015-011171
`Patent 8,642,012 B2
`____________
`
`
`PARTIES’ JOINT OBJECTIONS TO DEMONSTRATIVE EXHIBITS
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`
`
`
`
`
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`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`1 Case IPR2016-00283, instituted on a petition filed by Lupin Ltd. and Lupin
`
`Pharmaceuticals, Inc., has been joined with this proceeding.
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`
`
`
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`Pursuant to 37 C.F.R. § 42.70 and Paper No. 48, the parties submit the
`
`IPR2015-01117
`Patent 8,642,012
`
`
`
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`following remaining objections:
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`1.
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`Petitioners object to Patent Owner’s slides 15 and 16 because they cite
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`portions of Ex. 1016 (slide 15 only) and Ex. 2027 (slides 15 and 16) that are not
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`included in Patent Owner’s Corrected Response to Petition (Paper No. 41, “PO
`
`Response”), and include new evidence (Ex. 2029, “Hawk”) that is not included in
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`the PO Response. See also Paper 47, n.2; July 12, 2016 email from Aziz Burgy to
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`Trials@uspto.gov.
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`2.
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`Petitioners object to Patent Owner’s slide 18 because it includes
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`details regarding Sherwin’s experiments in humans, purportedly from pages 670-
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`73 of Ex. 2027, which details and pages were not presented in PO’s Response.
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`3.
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`Patent Owner objects to Petitioners’ July 19, 2016 demonstratives,
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`which were served after the parties had exchanged final demonstratives on July 15,
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`2016, as required by 37 C.F.R. § 42.70(b), because, without prior notice to the
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`Patent Owner, Petitioners substantively altered virtually every slide from its
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`originally-served version as follows: Slides 7-8, 51 and 82 include substantive
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`changes to the text of the slides; and 92 out of 104 of Petitioners slides were
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`amended to add new citations to the record.
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`
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`1
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`
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`Date: July 22, 2016
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`
`
`
`
`
`
`IPR2015-01117
`Patent 8,642,012
`
`Respectfully Submitted,
`
`___________________________
`David H. Silverstein (Reg. No. 61,948)
`Aziz Burgy (Reg. No. 51,514)
`Axinn, Veltrop & Harkrider LLP
`950 F Street, N.W.
`Washington, DC 20004
`Tel: (202) 912-4700
`Attorneys for Petitioner
`Par Pharmaceutical, Inc.
`
`Elizabeth J. Holland (Reg. No. 47,657)
`Cynthia Lambert Hardman (Reg. No. 53,179)
`Goodwin Procter LLP
`The New York Times Building
`620 Eighth Avenue
`New York, NY 10018
`Tel: (212) 459-7230
`Attorneys for Petitioners
`Lupin Ltd. and Lupin Pharmaceuticals, Inc.
`
`
`Robert Green (Reg. No. 27,555)
`GREEN GRIFFITH & BORG-BREEN LLP
`NBC Tower, Suite 3100
`455 North Cityfront Plaza Drive
`Chicago, Illinois 60611
`(312) 883-8000
`Lead Counsel for Patent Owner
`Horizon Therapeutics, Inc.
`
`Matthew C. Phillips (Reg. No. 43,403)
`Backup Counsel for Patent Owner
`Horizon Therapeutics, Inc.
`
`2
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`
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`CERTIFICATION OF SERVICE (37 C.F.R. §§ 42.6(e), 42.105(a))
`
`IPR2015-01117
`Patent 8,642,012
`Certificate of Service
`
`
`The undersigned hereby certifies that the above-captioned “Parties’ Joint
`
`Objections to Demonstrative Exhibits” was served in its entirety on July 22, 2016
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`through the Patent Trial and Appeal Board End to End system, and additionally
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`upon the following parties via Electronic Mail:
`
`For Patent Owner:
`
`For Petitioner Lupin:
`
`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
`
`
`Date: July 22, 2016
`Axinn, Veltrop & Harkrider LLP
`950 F Street, N.W.
`Washington, DC 20004
`Tel: (202) 912-4700
`
`
`
`
`
`
`
`Elizabeth J. Holland
`Cynthia Lambert Hardman
`GOODWIN PROCTER LLP
`eholland@goodwinproctor.com
`chardman@goodwinprocter.com
`
`Respectfully Submitted,
`
`
`David H. Silverstein
`Registration No. 61,948
`Attorney for Petitioner
`Par Pharmaceutical, Inc.
`
`1
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`