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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`FRESENIUS KABI USA LLC
`Petitioner,
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`v.
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`CUBIST PHARMACEUTICALS, INC.
`Patent Owner.
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`IPR2015-01571
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`NOTICE OF STIPULATION TO CHANGE DUE DATES
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`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`
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`Petitioner Fresenius Kabi USA, LLC and Patent Owner Cubist
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`Pharmaceuticals LLC give notice to the Board that they hereby jointly stipulate to
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`revise the schedule, as indicated below. Additionally, the Board has granted
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`Petitioner an extension of time to respond to Patent Owner’s evidentiary
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`objections, as indicated below. A complete listing of all dates, including the
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`stipulated revisions, follows:
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`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
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`Due Date 2
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`Due Date 3
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`Due Date 4
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`Due Date 5
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`Due Date 6
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`Due Date 7
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`February 26, 2016 April 15, 2016
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`April 15, 2016
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`June 3, 2016
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`July 1, 2016
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`August 5, 2016
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`July 29, 2016
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`Not needed1
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`August 19, 2016
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`August 26, 2016
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`September 2, 2016
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`September 9, 2016
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`September 21, 2016
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`1 Patent Owner does not intend to file a Motion to Amend the claims in this
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`proceeding. Therefore, Due Date 3 is no longer necessary.
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`2
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`The Board authorized a stipulation to change Due Dates 1-4 in the
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`Scheduling Order entered January 28, 2016 (Paper 21, at 3). The Board authorized
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`the extension for the deadline for Petitioner to respond to Patent Owner’s
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`evidentiary objections in a February 24, 2016 email to the parties.
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`
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`Dated: February 24, 2016
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`Respectfully submitted,
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`/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
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`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
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`Counsel for Patent Owner Cubist
`Pharmaceuticals LLC
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`3
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that the foregoing NOTICE OF
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`STIPULATION TO CHANGE DUE DATES was served electronically via e-mail
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`on this 24th day of February, 2016, on the following:
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`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
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`Dated: February 24, 2016
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`/Cynthia Lambert Hardman/
`Cynthia Lambert Hardman (Reg. No.
`53,179)
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`4