`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`COALITION FOR AFFORDABLE DRUGS X LLC,
`Petitioner,
`
`v.
`
`ANACOR PHARMACEUTICALS, INC.,
`Patent Owner.
`
`Case No. IPR2015-01776
`Patent No. 7,582,621
`
`PATENT OWNER'S NOTICE OF APPEAL
`
`
`
`IPR2015-01776
`
`Pursuant to 35 U.S.C. §§ 141 & 142 and 37 C.F.R. § 90.2(a), Patent Owner,
`
`Anacor Pharmaceuticals, Inc., hereby provides notice that it appeals to the United
`
`States Court of Appeals for the Federal Circuit from the Final Written Decision,
`
`entered February 23, 2017 (Paper 70), and from all underlying orders, decisions,
`
`rulings, and opinions related to Claim 6 of U.S. Patent No. 7,582,621 ("the '621
`
`Patent") entered in the above captioned proceeding before the Patent Trial and Appeal
`
`Board ("Board").
`
`For the limited purpose of providing the Director of the United States Patent and
`
`Trademark Office with the information requested under 37 C.F.R. § 90.2(a)(3)(ii),
`
`Patent Owner submits that the appeal will address all aspects of the Board's decision
`
`concluding that Petitioner has demonstrated, by a preponderance of the evidence, that
`
`Claim 6 of the '621 Patent is unpatentable. In particular, but without limitation, this
`
`appeal will address issues including the level of ordinary skill in the art; the proper
`
`interpretation of the cited prior art (Austin, Brehove, and Freeman); the weight given
`
`to the evidence of record, including expert testimony; the alleged motivation to
`
`combine asserted references with a reasonable expectation of success; and the proper
`
`application of the legal doctrine of obviousness, as annunciated by KSR Int 'l Co. v.
`
`Teleflex, Inc., 550 U.S. 398 (2007). Patent Owner further reserves the right to challenge
`
`any finding or determination supporting or relating to the issues listed above and to
`
`- 1 -
`
`
`
`IPR2015-01776
`
`challenge any other issues decided against Patent Owner in any order, decision, ruling,
`
`or opinion by the Board in the above captioned proceeding.
`
`Pursuant to 35 U.S.C. § 142 and 37 C.F.R. §§ 90.2(a) & 90.3(a), this Notice is
`
`being timely filed with the Director of the United States Patent and Trademark Office
`
`within 63 days of the Board's Final Written Decision, and a copy of this Notice is being
`
`concurrently filed with the Patent Trial and Appeal Board. In addition, a copy of this
`
`Notice is being filed with the Clerk of the United States Court of Appeals for the
`
`Federal Circuit, along with an electronic copy of the Notice and the required docketing
`
`fee of $500, which are being served electronically on the Court by CM/ECF and
`
`pay.gov.
`
`Date: April 24, 2017
`
`Respectfully submitte.9,-__ _
`
`"'
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`1----·
`By[~ 1/}'l/l{,yj-'::~l····/ 4~,e/?/>\__ ..
`Andrea G. Reis(er
`/
`Registration No.: 36,253
`COVINGTON & BURLING LLP
`One CityCenter, 850 Tenth Street, NW
`Washington, DC 20001
`(202) 662-6000
`Attorney for Patent Owner
`
`;
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`
`CERTIFICATE OF SERVICE
`
`I hereby certify that, in addition to being filed electronically through the Patent
`
`Trial and Appeal Board End to End (PTAB E2E) system, the foregoing Patent
`
`Owner's Notice of Appeal was filed by hand delivery on this 24th day of April, 2017,
`
`with the Director of the United States Patent and Trademark Office, at the following
`
`address:
`
`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel
`Madison Building East, Room lOB20
`600 Dulany Street
`Alexandria, Virginia 22314
`
`I also hereby certify that a true and correct copy of the above-captioned Patent
`
`Owner's Notice of Appeal and the applicable filing fee is being filed via the
`
`electronic filing system, CM/ECF, and pay.gov, with the Clerk of the United States
`
`Court of Appeals for the Federal Circuit on this 24th day of April, 2017, and one
`
`true and correct paper copy of the foregoing was filed by hand delivery on this 24th
`
`day of April, 2017 with the Clerk of the United States Court of Appeals for the
`
`Federal Circuit, at the following address:
`
`Hon. Peter R. Marksteiner, Circuit Executive and Clerk of Court
`United States Court of Appeals for the Federal Circuit
`717 Madison Place, NW, Suite 401
`Washington, DC 20439
`
`
`
`Pursuant to 37 C.F.R. § 42.6, I hereby certify that on this 24th day of April,
`
`2017, the foregoing Patent Owner's Notice of Appeal was served via electronic mail,
`
`by agreement of the parties, on the following counsel of record for Petitioner:
`
`Jeffrey D. Blake
`Kathleen E. Ott
`Peter A. Gergely
`Ryan James Fletcher
`Brent E. Routman
`Merchant & Gould PC
`KerydinIPR@merchantgould.com
`
`Date: April 24, 2017
`
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`Andrea G. R9ster
`Registration-~o.: 36,253
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