`Patent Nos. 6,926,907
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`__________
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`__________
`
`
`
`COALITION FOR AFFORDABLE DRUGS VII LLC,
`
`Petitioner
`
`v.
`
`POZEN INC.,
`
`Patent Owner
`
`__________
`
`
`
`Case IPR2015-01241
`
`Patent 6,926,907
`
`__________
`
`
`
`PATENT OWNER’S MOTION FOR EXTENSION OF TIME
`TO FILE PRELIMINARY RESPONSE
`
`
`
`
`
`Case No. IPR2015-01241
`Patent Nos. 6,926,907
`
`Patent Owner Horizon Pharmaceuticals, Inc. and Pozen Inc. hereby requests
`
`
`
`
`
`
`
`that the Board extend the due date for the Preliminary Response by 13 days, to
`
`September 19, 2015. This motion is unopposed. Permission to file this motion
`
`was granted by an email from the Board dated September 4, 2015. That email
`
`stated, “The panel will issue a short order in response to the motion, but Patent
`
`Owner can go ahead and rely on their preliminary response being due September
`
`19, 2015.”
`
`Without the extension, the Preliminary Response would have been due on
`
`September 6, as the Board issued a “Notice of Filing Date Accorded to Petition and
`
`Time for Filing Patent Owner Preliminary Response” (Paper 4) on June 6, 2015.
`
`The deadline for filing a preliminary response is not statutory; rather, the default
`
`deadline is set by regulation, viz., 37 C.F.R. § 42.107(b), to which the Board may
`
`make exceptions as the Board sees fit.
`
`In this case, a short extension is justified to synchronize this case with
`
`IPR2015-01344, which involves the same parties and for which the preliminary
`
`response is also due September 19, 2015. The extension will also give the Board
`
`additional time to decide whether to grant the Patent Owner permission to file a
`
`motion for additional discovery in both this case and IPR2015-01344, as was
`
`discussed on a conference call on August 18, 2015.
`
`
`
`1
`
`
`
`Case No. IPR2015-01241
`Patent Nos. 6,926,907
`
`For these reasons, the Patent Owner respectfully seeks an order granting this
`
`
`
`
`
`
`
`motion and setting September 19, 2015 as the deadline for the preliminary
`
`response.
`
`Date: September 11, 2015
`
`
`
`
`
`BY:
`
`
`
`
`
`
`Respectfully submitted,
`
`/s/ Ricardo Rodriguez
`Ricardo Rodriguez
`Reg. No. 40,789
`Counsel for Patent Owner
`
`
`
`2
`
`
`
`Case No. IPR2015-01241
`Patent Nos. 6,926,907
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on September 11, 2015, copies of the foregoing
`
`PATENT OWNER’S MOTION FOR EXTENSION OF TIME TO FILE
`
`PRELIMINARY RESPONSE and all documents filed with it were served via
`
`electronic mail, as agreed to by counsel, upon the following counsel for the
`
`Petitioner:
`
`
`
`/s/ Ricardo Rodriguez
`Ricardo Rodriguez
`Reg. No. 40,789
`Counsel for Patent Owner
`
`
`
`BY:
`
`
`Amy E. LaValle
`alavalle@conleyrose.com
`
`Jerry C. Harris, Jr.
`jcharris@conleyrose.com
`
`Rodney B. Carroll
`rcarroll@conleyrose.com
`
`Conley Rose, P.C.
`5601 Granite Parkway, Suite 500
`Plano, Texas 75024
`
`
`
`
`Date: September 11, 2015