`_____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________
`
`MYLAN PHARMACEUTICALS INC.
`Petitioner,
`
`v.
`
`3M COMPANY et al.
`Patent Owner.
`
`_____________________
`
`Case IPR2015-02002
`Patent 6,743,413
`_____________________
`
`Filed: October 27, 2016
`_____________________
`
`NOTICE OF STIPULATION ADJUSTING DUE DATES 2–5
`
`
`
`Patent Owner and Petitioner (the “Parties”) have conferred and have agreed
`
`to extend Due Dates 2–5 in accordance with the Scheduling Order (Paper No. 9)
`
`entered on April 4, 2016. Specifically, the Parties have agreed to extend Due
`
`Dates 2–5 as described below:
`
`The Parties have agreed that neither party will file any motions to exclude
`
`evidence (Due Date 4) including any motion directed to Drs. Smyth or Dalby,
`
`which will also preclude the need for an Opposition to Motion to Exclude (Due
`
`Date 5) and a Reply to Opposition to Motion to Exclude (Due Date 6).
`
`Furthermore, Petitioner has agreed that there will be no Reply Declaration(s) in
`
`support of Petitioner’s Reply to Patent Owner’s Response to Petition (Due Date 2)
`
`and that no new exhibits will be filed with Petitioner’s Reply. In other words, on
`
`Due Date 2 (November 14), Petitioner will file its Reply paper, and as exhibits will
`
`file the deposition transcript of Dr. Dalby and any exhibit provided to Patent
`
`Owner before or during Dr. Dalby’s deposition. The Parties have agreed that this
`
`will preclude the need for a deposition of any Reply declarant, or a Motion for
`
`Observation regarding Cross-Examination of Reply witness (Due Date 4) and a
`
`Response to Observation (Due Date 5). Furthermore, Patent Owner did not file a
`
`Motion to Amend, thus Petitioner’s Opposition to Motion to Amend (Due Date 2)
`
`is inapplicable. For ease of review, the activities that are inapplicable by the
`
`Parties’ agreement is shown in strikethrough in the table below.
`
`2
`
`
`
`Due Dates
`Due Date 2
`Petitioner’s reply to patent owner’s response
`to petition
`Petitioner’s opposition to motion to amend
`Due Date 3
`Patent owner’s reply to petitioner’s
`opposition to motion to amend
`DUE DATE 4
`Motion for observation regarding cross-
`examination of reply witness
`Motion to exclude evidence
`Request for oral argument
`DUE DATE 5
`Response to observation
`Opposition to motion to exclude
`DUE DATE 6
`Reply to opposition to motion to exclude
`DUE DATE 7
`Oral argument (if requested)
`
`Previous Date1 New Date
`October 28,
`November 14,
`2016
`2016
`
`October 28,
`2016
`
`November 14,
`2016
`
`November 4,
`2016
`
`November 14,
`2016
`
`November 9,
`2016
`
`November 14,
`2016
`
`November 14,
`2016
`December 5,
`2016
`
`Same
`
`Same
`
`1 Due Dates 2 and 4 were adjusted pursuant to the Notice of Stipulation Adjusting
`
`Due Dates 2 and 4 (Paper No. 18) filed on August 25, 2016. Due Dates 2–5 were
`
`further adjusted pursuant to the Notice of Stipulation Adjusting Due Dates 2-5
`
`(Paper No. 19) filed on September 27, 2016. Due Dates 2–3 were further adjusted
`
`pursuant to the Notice of Stipulation Adjusting Due Dates 2–3 (Paper No. 20) filed
`
`on October 6, 2016. Due Dates 2-4 were further adjusted pursuant to the Notice of
`
`Stipulation Adjusting Due Dates 2–4 (Paper No. 21) filed on October 13, 2016.
`
`3
`
`
`
`Due Dates 6 and 7 remain unchanged, as listed in the Due Date Appendix of
`
`the Scheduling Order (Paper No. 9). Accordingly, and as permitted by the
`
`Scheduling Order, the Parties hereby stipulate to extend Due Dates 2–5. This
`
`paper is being filed by counsel for Petitioner with the approval of Patent Owner.
`
`Date: October 27, 2016
`
`/Jitendra Malik/
`
`RESPECTFULLY SUBMITTED,
`
`Jitendra Malik (Reg. No. 55823)
`4721 Emperor Boulevard, Suite 400
`Durham, North Carolina 27703
`Telephone: 919-862-2200
`Fax: 919-862-2260
`Jitty.Malik@alston.com
`Lead Counsel for Petitioner
`Mylan Pharmaceuticals Inc.
`
`4
`
`
`
`CERTIFICATION OF SERVICE ON PATENT OWNER
`
`The undersigned certifies that on the 27th day of October, 2016, a complete
`
`copy of the foregoing NOTICE OF STIPULATION ADJUSTING DUE DATES 2–
`
`5 was served via email on counsel of record for the Patent Owner:
`
`Dorothy Whelan
`3200 RBC Plaza 60 South Sixth Street
`Minneapolis, MN 55402
`
`Gwilym Attwell
`3200 RBC Plaza 60 South Sixth Street
`Minneapolis, MN 55402
`
`John Lane
`3200 RBC Plaza 60 South Sixth Street
`Minneapolis, MN 55402
`
`Emails: IPR26368-0021IP1@fr.com and PTABInbound@fr.com
`
`Respectfully submitted,
`
`Alston & Bird LLP
`
`By: /Jitendra Malik/
`
`Jitendra Malik, Ph.D.
`Reg. No. 55823
`Alston & Bird LLP
`4721 Emperor Blvd., Suite 400
`Durham, NC 27703-8580
`jitty.malik@alston.com
`
`Robert J. Caison
`Reg. No. 72939
`Alston & Bird LLP
`101 South Tryon Street, Suite 4000
`Charlotte, NC 28280-4000
`
`5
`
`
`
`robert.caison@alston.com
`
`Hidetada James Abe
`Reg. No. 61182
`333 South Hope Street, 16th Floor
`Los Angeles, California 90071
`james.abe@alston.com
`
`Brianna L. Kadjo
`Reg. No. 74307
`1950 University Avenue, 5th Floor
`East Palo Alto, CA 94303-228
`brianna.kadjo@alston.com
`
`Attorneys for Petitioner
`Mylan Pharmaceuticals Inc.
`
`6
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