`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`FRESENIUS KABI USA LLC
`Petitioner,
`
`v.
`
`CUBIST PHARMACEUTICALS, INC.
`Patent Owner.
`
`IPR2015-01570
`
`NOTICE OF STIPULATION TO CHANGE DUE DATES
`
`
`
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`Petitioner Fresenius Kabi USA, LLC and Patent Owner Cubist
`
`Pharmaceuticals LLC give notice to the Board that they hereby jointly stipulate to
`
`revise the schedule, as indicated below. Additionally, the Board has granted
`
`Petitioner an extension of time to respond to Patent Owner’s evidentiary
`
`objections, as indicated below. A complete listing of all dates, including the
`
`stipulated revisions, follows:
`
`Deadline for Petitioner to
`respond to Patent Owner’s
`Objections to Evidence
`Pursuant to 37 C.F.R. 42.64
`(served February 11, 2016)
`Due Date 1
`
`Due Date 2
`
`Due Date 3
`
`Due Date 4
`
`Due Date 5
`
`Due Date 6
`
`Due Date 7
`
`
`
`February 26, 2016 April 15, 2016
`
`April 15, 2016
`
`June 3, 2016
`
`July 1, 2016
`
`August 5, 2016
`
`July 29, 2016
`
`Not needed1
`
`August 19, 2016
`
`August 26, 2016
`
`September 2, 2016
`
`September 9, 2016
`
`September 21, 2016
`
`
`
`
`
`
`
`
`1 Patent Owner does not intend to file a Motion to Amend the claims in this
`
`proceeding. Therefore, Due Date 3 is no longer necessary.
`
`
`
`2
`
`
`
`The Board authorized a stipulation to change Due Dates 1-4 in the
`
`Scheduling Order entered January 28, 2016 (Paper 21, at 3). The Board authorized
`
`the extension for the deadline for Petitioner to respond to Patent Owner’s
`
`evidentiary objections in a February 24, 2016 email to the parties.
`
`
`
`Dated: February 24, 2016
`
`Respectfully submitted,
`
`/Cynthia Lambert Hardman/
`Elizabeth J. Holland (Reg. No. 47,657)
`Robert V. Cerwinski
`Cynthia Lambert Hardman (Reg. No.
`53,179)
`Goodwin Procter LLP
`620 Eighth Avenue
`New York, NY 10018
`Tel: 212-813-8800
`Fax: 212-355-3333
`
`Counsel for Petitioner Fresenius Kabi USA
`LLC
`
`
`/Emily R. Whelan/
`Emily R. Whelan (Reg. No. 50,391)
`Wilmer Cutler Pickering Hale and Dorr LLP
`60 State Street
`Boston, MA 02109
`
`Counsel for Patent Owner Cubist
`Pharmaceuticals LLC
`
`
`
`
`
`
`
`
`
`
`
`
`3
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that the foregoing NOTICE OF
`
`STIPULATION TO CHANGE DUE DATES was served electronically via e-mail
`
`on this 24th day of February, 2016, on the following:
`
`Emily R. Whelan
`Andrej Barbic, Ph.D.
`Gerard M. Devlin, Jr.
`Lisa A. Jakob
`Emily.Whelan@wilmerhale.com
`Andrej.Barbic@wilmerhale.com
`Gerard.Devlin@merck.com
`Lisa.Jakob@merck.com
`
`Dated: February 24, 2016
`
`
`
`
`
`/Cynthia Lambert Hardman/
`Cynthia Lambert Hardman (Reg. No.
`53,179)
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`4
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