`
`
`
`Michael H. Teschner
`908.518.6313
`MTeschner@ldlkm.com
`
`(Electronically Filed)
`Ms. Breck A. Reitter, Trial Paralegal
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P O Box 1450
`Alexandria, VA 22313-1450
`
`
`Re:
`
`Case IPR2015-01553
`
`
`Dear Ms. Reitter:
`Pursuant to the Notice Of Filing Date Accorded To Petition And Time For Filing Patent
`Owner Preliminary Response mailed July 17, 2015, the above-identified petition for inter partes
`review was accorded the filing date of July 3, 2015. However, a review of the petition identified a
`defect in that the claims chart allegedly contains arguments on page 56.
`Petitioner appreciates being accorded the July 3, 2015 filing date and both the identification
`of the defect and an explanation of how it can be addressed. Accordingly, the phrases "Optional
`ingredients are not limitations. But if a limitation:" and "Not a limitation. But if a limitation:" on
`page 56 of the claim chart have been deleted in their entireties. Other than this deletion, Petitioner
`has changed the title to reflect a "corrected" petition, changed the caption to match that provided in
`the Notice, updated the certificate of service, and amended the header to include the IPR number
`and corrected title. No other changes have been made to the petition and no new matter was
`introduced. The corrected petition is also being re-served on the parties identified in the certificate
`of service.
`The notice, mailed July 17, 2015, set a five business day time period for correction of the
`defect and therefore the filing of this corrected petition should be considered in compliance
`therewith. Should you or the Board have any further questions in connection with this matter,
`please do not hesitate to contact lead counsel, William L. Mentlik or me.
`Sincerely yours,
`LERNER, DAVID, LITTENBERG,
` KRUMHOLZ & MENTLIK, LLP
`
`MICHAEL H. TESCHNER
`Registration No. 32,862
`Counsel for Petitioner
`
`
`
`MHT/kat
`
`4143186_1.docx
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a copy of the foregoing was served this
`
`
`
`21ST day of July, 2015, as follows:
`
`Kevin A. Marks
`Vice President, General Counsel
`Roche Palo Alto LLC
`3431 Hillview Avenue,
`Palo Alto, CA 94304
`Tel: 650 225 1000
`Riccardo Braglia, Group Chief
`Executive Officer and Matteo
`Missaglia, General Counsel
`Helsinn Healthcare S.A.
`Via Pian Scairolo 9
`Lugano/Pazzallo
`Switzerland 6912
`Tel: 41 0 91 985 2121
`
`
`VIA FEDEX
`
`Troutman Sanders LLP
`600 Peachtree Street
`Atlanta, GA 30308
`Tel: 404 885 3000
`
`
`
`William Mann
`Chief Executive Officer, US
`Business Pharma.
`Helsinn Therapeutics (U.S.), Inc.
`170 Wood Avenue South, 5th Floor
`Iselin, NJ 08830
`Tel: 732-603-2800
`
`
`
`
`
`
`
`
`
`
` By: s/Michael H. Teschner/
`
`Michael H. Teschner
`Reg. No. 32,862
`
`
`
`
`Dated: July 21. 2015
`
`
`
`
`4143186_1.docx
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