`571.272.7822
`
`
`
`
`
`
` Paper 8 (IPR2015-01086)
` Paper 14 (IPR2015-01136)
` Entered: June 25, 2015
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`COALITION FOR AFFORDABLE DRUGS V LLC,
`Petitioner,
`
`v.
`
`BIOGEN INTERNATIONAL GmbH,
`Patent Owner.
`____________
`
`Case IPR2015-01086 (Patent 8,759,393 B2)
`Case IPR2015-01136 (Patent 8,399,514 B2)1
`____________
`
`
`
`Before SALLY GARDNER LANE, LORA M. GREEN,
`DEBORAH KATZ, JACQUELINE WRIGHT BONILLA,
`and TINA E. HULSE, Administrative Patent Judges.
`
`HULSE, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`1 This order addresses issues that are common to both cases. We, therefore,
`issue a single order that has been entered in each case. Paper numbers refer
`to those filed in IPR2015-01086. The parties may use this style caption
`when filing a single paper in multiple proceedings, provided that such
`caption includes a footnote attesting that “the word-for-word identical paper
`is filed in each proceeding identified in the caption.”
`
`
`
`
`
`IPR2015-01086 (Patent 8,759,393 B2)
`IPR2015-01136 (Patent 8,399,514 B2)
`
`
`A conference call was held on June 29, 2015, among Robert Hahl for
`Coalition for Affordable Drugs V LLC (“Petitioner”); Michael Flibbert for
`Biogen International GmbH (“Patent Owner”); and Administrative Patent
`Judges Hulse, Lane, Green, Katz, and Bonilla. Patent Owner requested the
`conference call to request authorization to file a motion for additional
`discovery.
`Patent Owner requests two documents referenced in a recent SEC
`filing by Petitioner. Specifically, Patent Owner requests two non-public
`offering documents for the Hayman Credes Master Fund, L.P. and the
`Hayman Orange Fund SPC—Portfolio A, both of which have been identified
`as real parties-in-interest in these proceedings. See Paper 1, 2. Patent
`Owner asserts that the documents will disclose the mandates of the funds,
`which likely will provide details as to the purpose of funds. In particular,
`Patent Owner asserts that the stated mandates will further explain a principal
`purpose of the funds, which is to take short stock positions against
`pharmaceutical companies. Patent Owner contends that this information
`will support its position that the filings of the Petitions are an abuse of
`process or an improper use of the proceeding under 37 C.F.R. § 42.12.
`Petitioner opposes Patent Owner’s request, arguing Patent Owner has
`not met its burden of showing how the request is calculated to produce
`useful information. During the call, however, Petitioner admitted that it
`would be easy to obtain the documents, if required to do so.
`In light of the narrowly tailored request for specific documents, we
`grant Patent Owner’s request and authorize the filing of a motion for
`additional discovery. Patent Owner shall file its motion by Monday, June
`29, 2015, and Petitioner shall file its opposition by Friday, July 3, 2015.
`
`2
`
`
`
`IPR2015-01086 (Patent 8,759,393 B2)
`IPR2015-01136 (Patent 8,399,514 B2)
`
`Both papers shall be no longer than 15 pages. No reply is authorized at this
`time.
`
`ORDER
`
`Accordingly, it is
`ORDERED that Patent Owner is authorized to file a motion for
`additional discovery by no later than June 29, 2015;
`FURTHER ORDERED that Petitioner is authorized to file an
`opposition to Patent Owner’s motion by no later than July 3, 2015; and
`FURTHER ORDERED that no reply is authorized at this time.
`
`
`PETITIONER:
`
`Robert W. Hahl
`Robert Mihail
`NEIFELD IP LAW, PC
`rhahl@neifeld.com
`rmihail@neifeld.com
`
`PATENT OWNER:
`
`Michael J. Flibbert
`Maureen D. Queler
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP
`michael.flibbert@finnegan.com
`maureen.queler@finnegan.com
`
`
`3
`
`
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