`
`By: George E. Quillin (GQuillin@foley.com)
`Michael D. Kaminski (MKaminski@foley.com)
`FOLEY & LARDNER LLP
`3000 K Street, N.W., Suite 600
`Washington, D.C. 20007
`Tel: (202) 672-5300
`Fax: (202) 672-5399
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`PHARMACOSMOS A/S,
`Petitioner
`
`v.
`
`LUITPOLD PHARMACEUTICALS, INC.,
`Patent Owner
`
`
`
`Case IPR2015-01490
`U.S. Patent No. 7,754,702
`
`
`
`
`
`
`
`
`PATENT OWNER’S NOTICE OF APPEAL
`
`
`
`
`
`
`
`
`
`
`
`
`
`4832-9447-6612.1
`
`
`
`Case IPR2015-01490
`U.S. Patent No. 7,754,702
`
`
`
`
`Patent Owner’s Notice of Appeal
`
`NOTICE OF APPEAL
`
`
`
`Notice is hereby given, pursuant to 37 C.F.R. § 90.2(a), that Patent Owner
`
`Luitpold Pharmaceuticals, Inc. (“Luitpold”) appeals to the United States Court of
`
`Appeals for the Federal Circuit from the Final Written Decision entered on January
`
`4, 2017 (Paper 54) (the “Final Written Decision”), and from all underlying orders,
`
`decisions, rulings and opinions, including without limitation the Decision
`
`Institution of Inter Partes Review dated January 8, 2016 (Paper 11), regarding
`
`Luitpold’s U.S. Patent No. 7,754,702 (the “’702 Patent”).
`
`
`
`For the limited purpose of providing the Director with the information
`
`requested in 37 C.F.R. § 90.2(a)(3)(ii), Luitpold anticipates that the issues on
`
`appeal may include the following, as well as any underlying findings,
`
`determinations, rulings, decisions, opinions, or other related issues:
`
` Whether the Board erred in finding that claims 1-3, 10-13, 23, 25, 27,
`
`and 41-43 of the ’702 patent are unpatentable under 35 U.S.C. § 102(b) as
`
`anticipated by WO 2004/037865 A1(“Geisser”);
`
` Whether the Board erred in finding that claims 1, 14, and 15 of the
`
`’702 patent are unpatentable under 35 U.S.C. § 102(b) as anticipated by R.
`
`van Zyl-Smit & J. A. Halkett, Experience with the Use of an Iron
`
`Polymaltose (Dextrin) Complex Given by Single Total Dose Infusion to
`
`4832-9447-6612.1
`
`
`
`Case IPR2015-01490
`U.S. Patent No. 7,754,702
`
`
`
`
`Patent Owner’s Notice of Appeal
`
`Stable Chronic Haemodialysis Patients, 92 NEPHRON 316–323 (2002) (“van
`
`Zyl Smit”);
`
` Whether the Board erred in finding that claim 30 of the ’702 patent is
`
`unpatentable under 35 U.S.C. § 103(a) as obvious over van Zyl Smit and F.
`
`Funk, G. J. Long, D. Hautot, R. Büchi, I. Christl & P. G. Weidler, Physical
`
`and Chemical Characterization of Therapeutic Iron Containing Materials: A
`
`Study of Several Superparamagnetic Drug Formulations with the ß-FeOOH
`
`or Ferrihydrite Structure, 136 HYPERFINE INTERACTIONS 73–95 (2001)
`
`(“Funk”);
`
` Whether the Board erred in denying Luitpold’s Motion to Amend
`
`(Paper 24 and Paper 29 (corrected)); and
`
` Whether the Board erred in denying Luitpold’s Motion to Exclude
`
`(Paper 44).
`
`
`
`Copies of this Notice of Appeal are being filed simultaneously with the
`
`Director, the Patent Trial and Appeal Board, and the Clerk of the United States
`
`Court of Appeals for the Federal Circuit.
`
`Respectfully submitted,
`
`/George E. Quillin/
`George E. Quillin
`Registration No. 32,792
`
`2
`
`Date: March 2, 2017
`
`
`
`Foley & Lardner LLP
`3000 K Street, N.W., Suite 600
`Washington, D.C. 20007
`
`4832-9447-6612.1
`
`
`
`
`
`Patent Owner’s Notice of Appeal
`
`Michael D. Kaminski
`Registration No. 32,904
`
`
`
`Case IPR2015-01490
`U.S. Patent No. 7,754,702
`
`Counsel for Patent Owner
`
`
`
`4832-9447-6612.1
`
`3
`
`
`
`Case IPR2015-01490
`U.S. Patent No. 7,754,702
`
`
`CERTIFICATION OF SERVICE
`
`
`
`Patent Owner’s Notice of Appeal
`
`The undersigned certifies that a copy of the Patent Owner’s Notice of
`
`Appeal is being served on March 2, 2017, by filing it through the PTAB E2E
`
`System as well as delivering copies via email to the following counsel for the
`
` /
`
` George E. Quillin/
`George E. Quillin
`Registration No. 32,792
`Counsel for Patent Owner
`
`
`
`Petitioner:
`
`
`
`Lisa Kole
`Baker Botts L.L.P.,
`30 Rockefeller Plaza, 45th Floor,
`New York, NY 10112
`E-mail: lisa.kole@bakerbotts.com
`
`Steven Lendaris
`Baker Botts L.L.P.,
`E-mail: steven.lendaris@bakerbotts.com
`
`Paul Ragusa
`Baker Botts L.L.P.,
`E-mail: paul.ragusa@bakerbotts.com
`
`
`
`4832-9447-6612.1
`
`
`
`4
`
`
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