UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`PAR PHARMACEUTICAL, INC.,
`LUPIN LTD., and LUPIN PHARMACEUTICALS, INC.,
`
`Petitioners,
`
`v.
`
`HORIZON THERAPEUTICS, LLC,
`Patent Owner.
`____________
`
`Case IPR2015-011171
`Patent 8,642,012 B2
`____________
`
`
`PETITIONER PAR’S NOTICE OF APPEAL
`
`
`
`
`
`
`
`
`
`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel, United States 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. (collectively “Lupin”), has been joined with Case IPR2015-
`01117. (See Paper 32.) Lupin is not joining in this Notice of Appeal.
`
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`PAR PHARMACEUTICAL, INC.,
`LUPIN LTD., and LUPIN PHARMACEUTICALS, INC.,
`
`Petitioners,
`
`v.
`
`HORIZON THERAPEUTICS, LLC,
`Patent Owner.
`____________
`
`Case IPR2015-011171
`Patent 8,642,012 B2
`____________
`
`
`PETITIONER PAR’S NOTICE OF APPEAL
`
`
`
`
`
`
`
`
`
`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel, United States 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. (collectively “Lupin”), has been joined with Case IPR2015-
`01117. (See Paper 32.) Lupin is not joining in this Notice of Appeal.
`
`
`
`IPR2015-01117
`Patent No. 8,642,012
`Petitioner Par’s Notice of Appeal
`
`Notice is hereby given, pursuant to 35 U.S.C. §§ 141(c), 142, 319; 37 C.F.R.
`
`§90.2(a), 90.3(a), Federal Rules of Appellate Procedure/Federal Circuit Rule
`
`4(3)(a), that Petitioner Par Pharmaceutical, Inc. (“Par”) appeals from the Patent
`
`Trial and Appeal Board’s Final Written Decision entered on November 3, 2016
`
`(Paper 53) in the above-captioned inter partes review of U.S. Patent No. 8,642,012
`
`(“the ’012 patent”) to the United States Court of Appeals for the Federal Circuit.
`
`Par’s appeal includes any underlying orders, decisions, rulings, and opinions as
`
`well as any issues raised during these proceedings. This notice is timely filed
`
`within 63 days of the Board’s Final Written Decision. 37 C.F.R. § 90.3(a)(1).
`
`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Par further indicates that the
`
`issues on appeal include, without limitation, the following: (i) the Board’s
`
`determination that Par has not proved by a preponderance of the evidence that
`
`claims 1–12 of the ’012 patent are unpatentable over the art of record in this
`
`proceeding; (ii) the Board’s claim constructions; and (iii) any finding or
`
`determination supporting or related to the above-mentioned issues as well as other
`
`issues decided adversely to Par including in any orders, decisions, rulings, and/or
`
`opinions.
`
`Simultaneous with this submission, Par is filing a true and correct copy of
`
`this Notice of Appeal with the Director of the U.S. Patent and Trademark Office
`
`1
`
`
`
`IPR2015-01117
`Patent No. 8,642,012
`Petitioner Par’s Notice of Appeal
`
`and electronically filing the same, along with the required docketing fees, with the
`
`Clerk of the U.S. Court of Appeals for the Federal Circuit as set forth in the
`
`Respectfully Submitted,
`
`
`
`
`
`
`Aziz Burgy
`Registration No. 51,514
`Attorney for Petitioner
`Par Pharmaceutical, Inc.
`
`
`
`2
`
`accompanying Certificate of Filing.
`
`
`Date: December 29, 2016
`
`Axinn, Veltrop & Harkrider LLP
`950 F Street, N.W.
`Washington, DC 20004
`Tel: (202) 912-4700
`
`
`
`
`
`
`IPR2015-01117
`Patent No. 8,642,012
`Petitioner Par’s Notice of Appeal
`
`
`CERTIFICATE OF FILING
`
`The undersigned hereby certifies that, in addition to being electronically
`
`filed through USPTO Patent Trial and Appeal Board End-to-End System, a true
`
`and correct copy of the above-captioned “PETITIONER PAR’S NOTICE OF
`
`APPEAL” is being filed by Express Mail with the Director of the U.S. Patent and
`
`Trademark Office on December 29, 2016, at the following address:
`
`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel, United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`The undersigned also hereby certifies that a true and correct copy of the
`
`above-captioned “PETITIONER PAR’S NOTICE OF APPEAL” and the filing fee
`
`is being filed via the electronic filing system, CM/ECF, with the Clerk’s Office of
`
`the U.S. Court of Appeals for the Federal Circuit on December 29, 2016.
`
`Respectfully Submitted,
`
`
`
`
`
`
`Aziz Burgy
`Registration No. 51,514
`Attorney for Petitioner
`Par Pharmaceutical, Inc.
`
`
`
`Date: December 29, 2016
`
`Axinn, Veltrop & Harkrider LLP
`950 F Street, N.W.
`Washington, DC 20004
`Tel: (202) 912-4700
`
`
`
`
`1
`
`
`
`CERTIFICATE 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 a true and correct copy of the above-
`
`captioned “PETITIONER PAR’S NOTICE OF APPEAL” was served in its
`
`entirety on December 29, 2016 through the USPTO Patent Trial and Appeal Board
`
`End-to-End System, and additionally 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: December 29, 2016
`
`Axinn, Veltrop & Harkrider LLP
`950 F Street, N.W.
`Washington, DC 20004
`Tel: (202) 912-4700
`
`
`
`
`
`
`1
`
`Elizabeth J. Holland
`eholland@goodwinproctor.com
`Cynthia Lambert Hardman
`chardman@goodwinprocter.com
`
`Respectfully Submitted,
`
`
`
`Aziz Burgy
`Registration No. 51,514
`Attorney for Petitioner
`Par Pharmaceutical, Inc.
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