`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`
`
`PHARMACOSMOS A/S
`Petitioner
`
`v.
`
`LUITPOLD PHARMACEUTICALS, INC.
`Patent Owner
`
`_______________
`
`Cases1 IPR2015-01490; Patent 7,754,702 B2
`
` IPR2015-01493; Patent 8,431,549 B2
`
` IPR2015-01495; Patent 8,895,612 B2
`____________________________________________________________
`
`Notice of Response in lieu of Motion
`(to Board Order, Paper 8)
`
`
`1 As required by Paper 8, Patent Owner attests that the word-for-word identical
`paper is being filed in each proceeding identified in the heading.
`
`4850-7177-3225.1
`
`
`
`IPR2015-01490; IPR2015-01493; IPR2015-01495
`
`This paper responds to the Board’s Order following the October 6th
`
`conference call where Patent Owner sought authorization to file a motion for a
`
`certificate of correction. The primary request centered on writing claim 28 of the
`
`’702 patent and claim 12 of the ’549 patent as independent claims, which request
`
`the Board did not grant. Paper 8 at 3.
`
`However, the Board did authorize a motion on the secondary issue raised on
`
`the call – correcting the value of “n” from about “103” to about “103” in claim 26
`
`of the ’702 patent and claim 12 of the ’612 patent. Id.
`
`As noted during the call, Petitioner has recognized multiple times that the
`
`value of “n” is “103.” For the ’702 patent, Petitioner refers to the specification’s
`
`VIT-45 formula and includes a footnote to the clause “where n = 103,” stating “[i]t
`
`is assumed that 103 is intended to mean 103.” IPR2015-01490, Petition, p. 5, n. 2.
`
`Petitioner also discusses claim 26 and includes a footnote to the clause “where n =
`
`103,” stating “[p]resumably, ‘103’ is intended to mean ‘103.’” Id., p. 33, n. 12.
`
`Similarly, for the ’612 patent, Petitioner refers to the formula for VIT-45 in
`
`the specification and states “where n = 103 (presumably, 103).” IPR2015-01495,
`
`Petition, p. 5-6. Moreover, Petitioner’s claim chart has claim 12 reciting “where n
`
`is about 103.” Id., p. 54-55.
`
`Petitioner is thus not prejudiced by the Board agreeing that “n” is correctly
`
`about “103.” Patent Owner trusts that the Board will so construe the value of “n”.
`
`4850-7177-3225.1
`
`1
`
`
`
`IPR2015-01490; IPR2015-01493; IPR2015-01495
`
`In an email responding to Patent Owner’s post-call inquiry, Petitioner did
`
`not consent to the motion. In the interest of a “just, speedy, and inexpensive
`
`resolution” (§ 42.1(b)) and, as a courtesy to the Board, Patent Owner notifies the
`
`Board that it elects not to file a motion requesting a certificate of correction.
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`Dated: October 20, 2015
`
`/George E. Quillin/
`George E. Quillin
`Reg. No. 32,792
`Foley & Lardner LLP
`Counsel for Patent Owner
`
`4850-7177-3225.1
`
`2
`
`
`
`IPR2015-01490; IPR2015-01493; IPR2015-01495
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that a copy of the foregoing motion is being served
`
`on October 20, 2015, by filing through the Patent Review Processing System and
`
`delivering a copy via email to the counsel for Petitioner at the addresses of record:
`
`Lisa Kole
`Baker Botts L.L.P.,
`30 Rockefeller Plaza, 45th Floor, NY, NY 10112
`Phone: 212-408-2628
`Fax: 212-259-2428
`E-mail: lisa.kole@bakerbotts.com
`USPTO Reg. No. 35,225
`
`Steven Lendaris
`Baker Botts L.L.P.,
`30 Rockefeller Plaza, 45th Floor, NY, NY 10112
`Phone:212-408-2535
`Fax: 212-259-2535
`E-mail: steven.lendaris@bakerbotts.com
`USPTO Reg. No. 53,202
`
`Paul Ragusa
`Baker Botts L.L.P.,
`30 Rockefeller Plaza, 45th Floor, NY, NY 10112
`Phone:212-408-2588
`Fax: 212-259-2588
`E-mail: paul.ragusa@bakerbotts.com
`USPTO Reg. No. 38,587
`
`
`4850-7177-3225.1
`
`/George E. Quillin/
`George E. Quillin
`Registration No. 32,792
`Counsel for Patent Owner
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