`Filed: December 15, 2015
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________
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`LUPIN, LTD. and LUPIN PHARMACEUTICALS INC.,
`Petitioner
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`v.
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`SENJU PHARMACEUTICAL CO., LTD.
`Patent Owner
`__________________
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`Case IPR2015-01871
`Patent No. 8,129,431
`__________________
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`PATENT OWNER’S WAIVER OF PRELIMINARY RESPONSE
`Under 37 C.F.R. § 42.107(a)
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`Case IPR2015-01871
`Patent No. 8,129,431
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`Patent Owner waives its right, pursuant to 37 C.F.R § 42.107(b), to present a
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`preliminary response. As indicated in the Trial Practice Guide, no adverse
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`inference should be taken by this election. See Office Patent Trial Practice Guide,
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`Fed. Reg. Vol. 77, No. 157 (2012) at 48764 (explaining 37 C.F.R § 42.107(b)).
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`Patent Owner reserves all rights to submit a Patent Owner Response pursuant to
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`37 C.F.R. § 42.120, should the Board institute an inter partes review. This election
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`should not be deemed an admission on the part of Patent Owner of any material
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`Respectfully submitted,
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`By: /Joshua L. Goldberg/
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`Joshua L. Goldberg, Back-up Counsel
`Reg. No. 59,369
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`Counsel for Patent Owner
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`presented in the Petition.
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`Dated: December 15, 2015
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`CERTIFICATE OF SERVICE
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`Case IPR2015-01871
`Patent No. 8,129,431
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`The undersigned hereby certifies that a copy of the foregoing Patent
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`Owner’s Waiver of Preliminary Response Under 37 C.F.R. § 42.107(a) was
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`served on December 15, 2015, via email directed to counsel of record for the
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`Petitioner at the following:
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`Date: December 15, 2015
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`Deborah H. Yellin
`DYellin@Crowell.com
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`Jonathan Lindsay
`JLindsay@Crowell.com
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`/Ashley F. Cheung/
`Ashley F. Cheung
`Case Manger
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`Finnegan, Henderson, Farabow, Garrett &
`Dunner, LLP
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