`
`David L. Cavanaugh
`Reg. No. 36,476
`Heather M. Petruzzi
`Reg. No. 71,270
`Robert J. Gunther, Jr.
`Pro Hac Vice
`Wilmer Cutler Pickering
`Hale and Dorr LLP
`1875 Pennsylvania Ave., NW
`Washington, DC 20006
`
`
`Adam R. Brausa
`Reg. No. 60,287
`Daralyn J. Durie
`Pro Hac Vice
`Durie Tangri LLP
`217 Leidesdorff Street
`San Francisco, CA 94111
`
`
`Jeffrey P. Kushan
`Reg. No. 43,401
`Peter S. Choi
`Reg. No. 54,033
`Sidley Austin LLP
`1501 K Street, N.W.
`Washington, D.C.
`20005
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________________________________
`
`SANOFI-AVENTIS U.S. LLC AND
`REGENERON PHARMACEUTICALS, INC.,
`Petitioners
`
`v.
`
`GENENTECH, INC. AND CITY OF HOPE
`Patent Owners
`____________________________________________
`
`Case IPR2015-01624
`Patent 6,331,415
`____________________________________________
`
`PATENT OWNERS’ NOTICE REGARDING SUPPLEMENTAL
`EVIDENCE
`
`
`
`
`
`IPR2015-01624
`Patent Owners’ Notice Regarding Supplemental Evidence
`
`
`On May 20, 2016, Petitioners filed and served Petitioners’ Objections to
`
`Evidence Pursuant To 37 C.F.R. § 42.64 in the instant IPR proceeding. See
`
`IPR2015-01624, Paper No. 29. In particular, Petitioners objected to Exhibit 2035
`
`(File History of U.S. Patent No. 4,495,280), as well as paragraphs 161, 189, and
`
`195 of the Expert Declaration of John Fiddes (Ex. 2019) (all of which pertain to
`
`the file history of Exhibit 2035), as lacking completeness under Federal Rule of
`
`Evidence 102. See id. at 1, 3, 9. Patent Owners disagree with Petitioners’
`
`objections—as far as Patent Owners are aware, Exhibit 2035 is a complete copy of
`
`the file history for U.S. Patent No. 4,495,280. Petitioners failed to identify any
`
`particular pages of the file history in Exhibit 2035 that are purportedly missing.
`
`Nevertheless, in order to obviate these objections, Patent Owners intend to
`
`file as supplemental evidence a certified copy of the file history of U.S. Patent No.
`
`4,495,280. The service used by Patent Owners to obtain certified file histories
`
`from the Patent Office has estimated that the time required by the Patent Office to
`
`issue a certified file history can be more than three weeks. The Patent Owner
`
`diligently requested a certified copy of the file history upon learning of Petitioners’
`
`objections. However, in view of the time period to receive the certified copy from
`
`the U.S. Patent and Trademark Office (“USPTO”), Patent Owners have not
`
`received and are not able to file a certified file history by today’s 10 business day
`
`deadline to file supplemental evidence in response to Petitioners’ objections filed
`
`
`
`1
`
`
`
`IPR2015-01624
`Patent Owners’ Notice Regarding Supplemental Evidence
`
`
`on May 20, 2016. The Patent Owners are prepared to file the certified copy of the
`
`File History as soon as it is received.
`
`Patent Owners have asked Petitioners’ counsel whether they will object to
`
`Patent Owners’ filing of the certified file history of U.S. Patent No. 4,495,280
`
`when it becomes available from the Patent Office. Petitioners’ counsel responded
`
`that they have no objection.
`
`Respectfully submitted,
`
`/David L. Cavanaugh/
`
`David L. Cavanaugh
`Registration No. 36,476
`WILMER CUTLER PICKERING
`HALE AND DORR LLP
`1875 Pennsylvania Avenue, N.W.
`Washington, D.C. 20006
`david.cavanaugh@wilmerhale.com
`Tel.: 202-663-6000
`Fax: 202-663-6363
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Dated: June 6, 2016
`
`
`
`
`2
`
`
`
`IPR2015-01624
`Patent Owners’ Notice Regarding Supplemental Evidence
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that, on June 6, 2016, I caused a true and correct copy of the
`
`foregoing materials:
`
` Patent Owners’ Notice Regarding Supplemental Evidence
`
`
`to be served via electronic mail on the following attorneys of record:
`
`Richard McCormick
`Lisa M. Ferri
`Brian W. Nolan
`Mayer Brown LLP
`1675 Broadway
`New York, NY 10019
`Rmccormick@mayerbrown.com
`LFerri@mayerbrown.com
`BNolan@mayerbrown.com
`MB-Cabilly-IPR@mayerbrown.com
`
`
`
`/Owen K. Allen/
`Owen K. Allen
`Reg. No. 71,118
`Wilmer Cutler Pickering Hale and Dorr LLP
`950 Page Mill Road
`Palo Alto, CA 94304
`
`3
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