`571-272-7822
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` Paper No. 8
`Entered: December 11, 2015
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`AMNEAL PHARMACEUTICALS LLC,
`Petitioner,
`
`v.
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`YEDA RESEARCH AND DEVELOPMENT CO. LTD.,
`Patent Owner.
`____________
`
`Case IPR2015-01980
`Patent 8,399,413 B2
`____________
`
`
`Before SHERIDAN K. SNEDDEN, ZHENYU YANG, and
`TINA E. HULSE, Administrative Patent Judges.
`
`HULSE, Administrative Patent Judge.
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`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
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`IPR2015-01980
`Patent 8,399,413 B2
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`Amneal Pharmaceuticals LLC (“Petitioner”) filed a Petition (Paper 1),
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`seeking an inter partes review of claims 1–20 of U.S. Patent No. 8,399,413
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`B2 (“the ’399 patent,” Ex. 1001). Along with the Petition, Petitioner filed a
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`Motion for Joinder to join this proceeding with Mylan Pharmaceuticals Inc.
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`v. Yeda Research & Development Co. Ltd., IPR2015-00644. Paper 3.
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`According to Petitioner, its Petition (including the supporting declaration) is
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`substantively identical to the petition filed in IPR2015-00644. Id. at 5–7.
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`During a conference call held on November 19, 2015, Yeda Research
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`and Development Co., Ltd. (“Patent Owner”) stated that it intended to file a
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`Patent Owner Preliminary Response in this case, even though it did not
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`oppose Petitioner’s joinder motion. Paper 7, 2. The panel expedited the
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`briefing schedule and ordered December 8, 2015, as the due date for the
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`Patent Owner Preliminary Response. Id. at 3, 5.
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`In an email communication from Patent Owner to the Board on
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`December 7, 2015, the parties jointly propose that we deem the Patent
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`Owner Preliminary Response filed in IPR2015-00644 as filed and served in
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`the present case. In a responsive email, the panel granted the parties’
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`request.
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`Accordingly, it is
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`ORDER
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`ORDERED that Patent Owner Preliminary Response (Paper 12) and
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`its accompanying evidence filed in IPR2015-00644 are deemed to have been
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`filed and served in this proceeding on December 8, 2015.
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`2
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`IPR2015-01980
`Patent 8,399,413 B2
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`
`PETITIONER:
`
`Vincent Capuano
`vcapuano@duanemorris.com
`
`Christopher Kroon
`cskroon@duanemorris.com
`
`
`PATENT OWNER:
`
`Elizabeth Holland
`eholland@goodwinprocter.com
`
`William James
`wjames@goodwinprocter.com
`
`Eleanor Yost
`eyost@goodwinprocter.com
`
`
`3
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