Exhibit 1021
`
`Coalition For Affordable Drugs XI LLC
`Exhibit 1021
`Coalition For Affordable Drugs XI LLC v Insys Pharma, Inc.
`IPR2015-01799
`
`

`
`Doc Code: D|ST.E.F|LE
`
`Document Description: Electronic Terminal Disclaimer - Filed
`
`PTO/SB/25
`PTO/SB/26
`
`US. Patent and Trademark Office
`Department of Commerce
`
`Electronic Petition Request
`
`TERMINAL DISCLAIMER TO OBVIATE A PROVISIONAL DOUBLE PATENTING
`REJECTION OVER A PENDING "REFERENCE" APPLICATION
`AND TERMINAL DISCLAIMER TO OBVIATE A DOUBLE PATENTING REJECTION OVER A
`”PRIOR” PATENT
`
`Application Number
`
`13895124
`
`Filing Date
`
`15-May-2013
`
`First Named Inventor
`
`S. Kottayil
`
`Attorney Docket Number
`
`lNSl0763P0009l US
`
`Title of Invention
`
`SUBLINGUAL FENTANYL SPRAY
`
`|X|
`
`Filing of terminal disclaimer does not obviate requirement for response under 37 CFR 1.111 to outstanding
`Office Action
`
`|X| This electronic Terminal Disclaimer is not being used for a Joint Research Agreement.
`
`Insys Therapeutics, Inc.
`
`The owner(s) of percent interest listed above in the instant application hereby disclaims, except as provided below, the terminal
`part of the statutory term ofany patent granted on the instant application which would extend beyond the expiration date of the
`full statutory term ofany patent granted on pending reference Application Number(s)
`
`13895111
`
`filed on 05/15/2013
`
`as the term ofany patent granted on said reference application may be shortened by any terminal disclaimer filed prior to the
`grant ofany patent on the pending reference application. The owner hereby agrees that any patent so granted on the instant
`application shall be enforceable only for and during such period that it and any patent granted on the reference application are
`commonly owned. This agreement runs with any patent granted on the instant application and is binding upon the grantee, its
`successors or assigns.
`
`In making the above disclaimer, the owner does not disclaim the terminal part ofany patent granted on the instant application
`that would extend to the expiration date of the full statutory term of any patent granted on said reference application, "as the
`term ofany patent granted on said reference application may be shortened by any terminal disclaimer filed prior to the grant of
`any patent on the pending reference application," in the event that any such patent granted on the pending reference
`application: expires for failure to pay a maintenance fee, is held unenforceable, is found invalid by a court of competent
`jurisdiction, is statutorily disclaimed in whole or terminally disclaimed under 37 CFR 1.321, has all claims canceled by a
`reexamination certificate, is reissued, or is in any manner terminated prior to the expiration of its full statutory term as shortened
`by any terminal disclaimer filed prior to its grant.
`
`The owner(s) with percent interest listed above in the instant application hereby disclaims, except as provided below, the
`terminal part of the statutow term ofany patent granted on the instant application which would extend beyond the expiration
`date of the full statutow term of prior patent number(s)
`
`

`
`8486973
`
`8486972
`
`as the term of said prior patent is presently shortened by any terminal disclaimer. The owner hereby agrees that any patent so
`granted on the instant application shall be enforceable only for and during such period that it and the prior patent are commonly
`owned. This agreement runs with any patent granted on the instant application and is binding upon the grantee, its successors
`or assigns.
`
`In making the above disclaimer, the owner does not disclaim the terminal part of the term ofany patent granted on the instant
`application that would extend to the expiration date of the full statutory term of the prior patent, "as the term of said prior patent
`is presently shortened by any terminal disclaimer," in the event that said prior patent later:
`— expires for failure to pay a maintenance fee;
`- is held unenforceable;
`- is found invalid by a court of competent jurisdiction;
`— is statutorily disclaimed in whole or terminally disclaimed under 37 CFR 1.321;
`- has all claims canceled by a reexamination certificate;
`— is reissued; or
`- is in any manner terminated prior to the expiration of its full statutow term as presently shortened by any terminal disclaimer.
`
`@ Terminal disclaimer fee under 37 CFR 1.20(d) is included with Electronic Terminal Disclaimer request.
`
`O I certify, in accordance with 37 CFR 1.4(d)(4), that the terminal disclaimer fee under 37 CFR1.20(d)
`required for this terminal disclaimer has already been paid in the above-identified application.
`
`Applicants claims the following fee status:
`
`@ Small Entity
`
`O Micro Entity
`
`0 Regular Undiscounted
`
`I hereby declare that all statements made herein of my own knowledge are true and that all statements made on information and
`beliefare believed to be true; and further that these statements were made with the knowledge that willful false statements and
`the like so made are punishable by fine or imprisonment, or both, under Section 1001 of Title 18 of the United States Code and
`that such willful false statements mayjeopardize the validity of the application or any patent issued thereon.
`
`THIS PORTION MUST BE COMPLETED BY THE SIGNATORY OR SIGNATORIES
`
`I certify, in accordance with 37 CFR 1.4(d)(4) that I am:
`
`6) An attorney or agent registered to practice before the Patent and Trademark Office who is of record in
`this application
`
`Registration Number 54377
`
`O A sole inventor
`
`O Ajoint inventor; I certify that I am authorized to sign this submission on behalf ofall of the inventors as evidenced by the
`power ofattorney in the application
`
`O Ajoint inventor; all ofwhom are signing this request
`
`

`
`*Statement under 37 CFR 3.73(b) is required ifterminal disclaimer is signed by the assignee (owner).
`Form PTO/SB/96 may be used for making this certification. See MPEP § 324.