`Tel: 571-272-7822
`
`Paper 45
`Entered: August 19, 2016
`
`
`
`
`
`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 7,754,702 B2)1
`Case IPR2015-01493 (Patent 8,431,549 B2)
`____________
`
`
`Before TONI R. SCHEINER, LORA M. GREEN, and
`CHRISTOPHER G. PAULRAJ, Administrative Patent Judges.
`
`PAULRAJ, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceedings
`37 C.F.R. § 42.5
`
`1 This order addresses issues that are the same in the identified cases. We
`exercise our discretion to issue one order to be filed in each case. The
`parties are authorized to use this style heading when filing a single paper in
`both proceedings, provided that such heading includes a footnote attesting
`that “the word-for-word identical paper is filed in each proceeding identified
`in the heading.”
`
`
`
`
`
`Case IPR2015-01490 (Patent 7,754,702 B2)
`Case IPR2015-01493 (Patent 8,431,549 B2)
`
`
`A conference call in the above-captioned proceeding was held on
`August 18, 2016, between respective counsel for the parties and Judges
`Paulraj, Scheiner, and Green. The purpose of the call was to address Patent
`Owner’s request to expunge Petitioner’s Response to Patent Owner’s
`Objections to Evidence Pursuant to 37 C.F.R. § 42.64(b)(2) (Paper 36 in
`each proceeding).
`During the call, we noted that the Board’s rules do not provide an
`opportunity to file responses to evidentiary objections. Rather, 37 C.F.R.
`§ 42.64(b)(2), cited in Petitioner’s papers, is directed to “[s]upplemental
`evidence,” indicating that “[t]he party relying on evidence to which an
`objection is timely served may respond to the objection by serving
`supplemental evidence within ten business days of service of the objection.”
`In view of the fact that Petitioner’s responses were not authorized filings, we
`indicated that we would expunge those filings. Petitioner did not object to
`expungement given that it will have an opportunity to file an Opposition to
`Patent Owner’s Motion to Exclude in each proceeding.
`ORDER
`Accordingly, in consideration of the foregoing, it is hereby:
`ORDERED that Petitioner’s Response to Patent Owner’s Objections
`to Evidence Pursuant to 37 C.F.R. § 42.64(b)(2) (Paper 36 in each
`proceeding) shall be expunged.
`
`
`
`
`
`
`
`2
`
`
`
`Case IPR2015-01490 (Patent 7,754,702 B2)
`Case IPR2015-01493 (Patent 8,431,549 B2)
`
`PETITIONER:
`Lisa Kole
`lisa.kole@bakerbotts.com
`Steven Lendaris
`steven.lendaris@bakerbotts.com
`Paul Ragusa
`paul.ragusa@bakerbotts.com
`Jennifer Tempesta
`jennifer.tempesta@bakerbotts.com
`
`PATENT OWNER:
`George E. Quillin
`gquillin@foley.com
`Michael D. Kaminski
`mkaminski@foley.com
`
`3
`
`
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