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IPR2015-01571
`
`
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`FRESENIUS KABI USA LLC
`
`Petitioner,
`
`
`
`v.
`
`
`
`CUBIST PHARMACEUTICALS, INC.
`
`Patent Owner.
`____________________________________________
`
`Case: IPR2015-01571
`
`Patent No. 8,058,238
`____________________________________________
`
`PATENT OWNER MANDATORY NOTICES
`UNDER 37 C.F.R. §42.8
`
`
`
`
`
`
`
`
`
`
`

`
`
`
`MANDATORY NOTICES FROM CUBIST PHARMACEUTICALS LLC
`
`Pursuant to 37 C.F.R. § 42.8, Patent Owner Cubist Pharmaceuticals LLC,
`
`IPR2015-01571
`
`formerly known as Cubist Pharmaceuticals, Inc., (“Cubist”) respectfully submits
`
`the following Mandatory Notices.
`
`I.
`
`REAL PARTY IN INTEREST
`
`The real parties in interest are Cubist Pharmaceuticals LLC, its parent
`
`company, Merck & Co., Inc., and Merck Sharp & Dohme Corp.
`
`II. RELATED MATTERS
`
`In accordance with 37 C .F .R. § 42.8 (b)(2), Cubist identifies the following
`
`related matters:
`
`Cubist Pharmaceuticals, Inc. v. Hospira, Inc., 1:12-cv-00367-GMS (D.Del.)
`
`Cubist Pharmaceuticals, Inc. v. Agila Specialties Inc. and Mylan
`
`Laboratories Limited, formerly Cubist Pharmaceuticals, Inc. v. Strides Inc. and
`
`Agila Specialties Private Ltd., 1:13-cv-01679-GMS (D.Del.)
`
`Cubist Pharmaceuticals, Inc. v. Fresenius-Kabi USA LLC, 1:14-cv-00914-
`
`GMS (D.Del.)
`
`Cubist Pharmaceuticals, Inc. v. Strides Inc. and Agila Specialties Private
`
`Ltd., 1:13-cv-06016-NLH-JS (D.N.J.) (Terminated)
`
`Cubist Pharmaceuticals, Inc. v. Teva Parenteral Medicines, Inc., et al.,
`
`
`
`2
`
`

`
`
`1:09-cv-00189-GMS (D. Del) (Terminated)
`
`IPR2015-01571
`
`Agila Specialties Inc. and Mylan Pharmaceuticals, Inc. v. Cubist
`
`Pharmaceuticals, Inc., IPR2015-00140 (PTAB) (Terminated)
`
`Agila Specialties Inc. and Mylan Pharmaceuticals, Inc. v. Cubist
`
`Pharmaceuticals, Inc., IPR2015-00141 (PTAB) (Terminated)
`
`Agila Specialties Inc. and Mylan Pharmaceuticals, Inc. v. Cubist
`
`Pharmaceuticals, Inc., IPR2015-00142 (PTAB) (Terminated)
`
`Agila Specialties Inc. and Mylan Pharmaceuticals, Inc. v. Cubist
`
`Pharmaceuticals, Inc., IPR2015-00143 (PTAB) (Terminated)
`
`Agila Specialties Inc. and Mylan Pharmaceuticals, Inc. v. Cubist
`
`Pharmaceuticals, Inc., IPR2015-00144 (PTAB) (Terminated)
`
`Fresenius Kabi USA LLC v. Cubist Pharmaceuticals, Inc., IPR2015-01566
`
`(PTAB)
`
`Fresenius Kabi USA LLC v. Cubist Pharmaceuticals, Inc., IPR2015-01570
`
`(PTAB)
`
`Fresenius Kabi USA LLC v. Cubist Pharmaceuticals, Inc., IPR2015-01572
`
`(PTAB)
`
`US Application Serial No. 60/177,170
`
`US Application Serial No. PCT/US01/01748
`
`
`
`3
`
`

`
`IPR2015-01571
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`
`
`US Application Serial No. 09/735,191
`
`US Application Serial No. 10/747,485
`
`US Application Serial No. 11/739,180
`
`US Application Serial No. 12/888,233
`
`US Application Serial No. 13/398,219
`
`US Application Serial No. 13/918,083
`
`US Application Serial No. 14/073,281
`
`US Application Serial No. 14/475,319
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`Cubist Pharmaceuticals, Inc. v. Hospira, Inc., 15-1197 (Fed. Cir. docketed
`
`Dec. 18, 2014), which is an appeal of Cubist Pharmaceuticals, Inc. v. Hospira,
`
`Inc., 1:12-cv-00367-GMS (D. Del.)
`
`III. COUNSEL
`
`Lead Counsel:
`
`Emily R. Whelan, Reg. No. 50,391
`
`
`Back-up Counsel:
`
`
`Andrej Barbic, Ph.D., Reg. No. 61,908
`
`Gerard M. Devlin, Jr., Reg. No. 43,586
`
`Lisa A. Jakob, Reg. No. 46,181
`
`
`
`4
`
`

`
`IPR2015-01571
`
`
`IV. SERVICE INFORMATION
`
`Electronic mail address:
`
`Emily.Whelan@wilmerhale.com
`
`Andrej.Barbic@wilmerhale.com
`
`Gerard.Devlin@merck.com
`
`Lisa.Jakob@merck.com
`
`
`Electronic service on lead and back-up counsel is approved and preferred.
`
`
`Postal Mail, Courier or Hand Delivery:
`
`
`Wilmer Cutler Pickering Hale and Dorr LLP
`60 State Street
`Boston, MA 02109
`Emily.Whelan@wilmerhale.com
`Telephone: 617-526-6567
`Facsimile: 617-526-5000
`
`
`
`
`Date: July 30, 2015
`
`Respectfully submitted,
`
`By: /Emily R. Whelan/
`Emily R. Whelan
`Reg. No. 50,391
`Wilmer Cutler Pickering Hale and Dorr LLP
`60 State Street
`Boston, MA 02109
`
`
`
`5
`
`

`
`IPR2015-01571
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`CERTIFICATE OF SERVICE
`
`I hereby certify that, on July 30, 2015, I caused a true and correct copy of the
`
`foregoing materials:
`
` PATENT OWNER MANDATORY NOTICES UNDER 37 C.F.R.
`
`§42.8
`
` POWER OF ATTORNEY UNDER 37 C.F.R. §42.10
`
`to be served via electronic mail on the following attorneys of record:
`
`Elizabeth J. Holland, Esq.
`eholland@goodwinprocter.com
`
`Robert V. Cerwinski, Esq.
`rcerwinski@goodwinprocter.com
`
`Cynthia L. Hardman, Esq.
`chardman@goodwinprocter.com
`
`
`
`
`
`/Emily R. Whelan/
`Emily R. Whelan
`Reg. No. 50,391
`Wilmer Cutler Pickering Hale and Dorr LLP
`60 State Street
`Boston, MA 02109
`
`
`
`6
`
`
`
`ActiveUS 146909277v.1

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