`
`
`
`Patent No. 7,754,702
`
`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
`Patent No. 7,754,702 B2
`
`
`
`
`
`
`
`
`PETITIONER PHARMACOSMOS A/S’S
`
`NOTICE OF CROSS-APPEAL
`
`
`
`
`
`
`
`
`
`
`IPR2015-01490
`
`
`
`Patent No. 7,754,702
`
`
`
`Notice is hereby given, pursuant to 37 C.F.R. § 90.2(a), that Petitioner
`
`Pharmacosmos A/S (“Pharmacosmos”) hereby cross-appeals to the United States
`
`Court of Appeals for the Federal Circuit from the Final Written Decision entered
`
`on January 4, 2017 (Paper 54), and from all underlying orders, decisions, rulings
`
`and opinions, regarding U.S. Patent No. 7,754,702 (“the ‘702 patent”) that are
`
`adverse to Pharmacosmos.
`
`For the limited purpose of providing the Director with the information
`
`requested in 37 C.F.R. § 90.2(a)(3)(ii), Pharmacosmos anticipates that the issues
`
`on appeal may include, but are not limited to:
`
`• Whether the Board erred in determining that Pharmacosmos did not
`
`prove by a preponderance of the evidence that claims 17 and 47 of the ‘702 patent
`
`are unpatentable under 35 U.S.C. § 103(a) as rendered obvious by the combination
`
`of WO 2004/037865 (“Geisser”) and US 2003/0232084 (“Groman”).
`
`Pharmacosmos reserves the right to challenge any finding or determination
`
`supporting or related to the issue listed above and to challenge any other issues
`
`decided adversely to Pharmacosmos in the Board’s Final Written Decision and any
`
`orders, decisions, rulings, or opinions underlying the Final Written Decision.
`
`Copies of this Notice of Cross-Appeal are being filed simultaneously with
`
`the Director, the Board, and the Clerk of the United States Court of Appeals for the
`
`Federal Circuit.
`
`
`
`1
`
`
`
`IPR2015-01490
`
`
`
`Patent No. 7,754,702
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully Submitted
`BAKER BOTTS L.L.P.
`
`
`
`
`
`/Lisa Kole/
`Lisa Kole (Reg. No. 35,225)
`Steven Lendaris (Reg. No. 53,202)
`Paul Ragusa (Reg. No. 38,587)
`Jennifer Tempesta (Reg. No. 59,021)
`30 Rockefeller Plaza
`New York, NY 10012-4498
`212-408-2500
`Attorneys for Petitioner
`Pharmacosmos A/S
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`2
`
`
`
`
`
`
`
`
`
`
`
`
`March 8, 2017
` Date
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`IPR2015-01490
`
`
`
`Patent No. 7,754,702
`
`
`
`CERTIFICATE OF SERVICE AND FILING
`
`The undersigned hereby certifies that, in addition to being filed electronically
`through the Patent Trial and Appeal Board’s E2E filing sytem, the foregoing
`PETITIONER’S NOTICE OF CROSS-APPEAL was filed by Express Mail on
`March 8, 2017 with the Director of the United States Patent and Trademark Office,
`at each of the following addresses:
`
`
`
`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
`
`Office of the Solicitor
`United States Patent and Trademark Office Mail Stop 8
`Post Office Box 1450
`Alexandria, Virginia 22313-1450
`
`
`The undersigned hereby certifies that a true and correct copy of the foregoing
`PETITIONER’S NOTICE OF CROSS-APPEAL was filed on March 8, 2017 with
`the Clerk’s Office of the United States Court of Appeals for the Federal Circuit at
`the following address, at the address below, and filed electronically with the Court
`through CM/ECF with payment of the required docketing fee:
`
`United States Court of Appeals for the Federal Circuit
`717 Madison Place, N.W., Room 401
`Washington, DC 20439
`
`
`
`The undersigned certifies that the foregoing PETITIONER’S NOTICE OF
`CROSS-APPEAL was served on March 8, 2017 via e-mail to:
`
`George E. Quillin
`Foley & Lardner LLP
`3000 K Street, N.W., Suite 600
`Washington, D.C. 20007
`
`
`
`3
`
`
`
`IPR2015-01490
`
`
`
`Patent No. 7,754,702
`
`
`
`GQuillin@foley.com
`
`Michael D. Kaminski
`Foley & Lardner LLP
`3000 K Street, N.W., Suite 600
`Washington, D.C. 20007
`MKaminski@foley.com
`
`
`March 8, 2017
` Date
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`BAKER BOTTS L.L.P.
`
`
`
`
`/Lisa Kole/
`Jennifer Tempesta (Reg. No. 59,021)
`Attorney for Petitioner
`
`Pharmacosmos A/S
`
`
`
`
`
`4
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
