`Date Filed: April 18, 2017
`
`Filed On Behalf Of: Novartis AG
`
`By: Nicholas N. Kallas
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`NKallas@fchs.com
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`ZortressAfinitorIPR@fchs.com
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`(212) 218-2100
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`
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`PAR PHARMACEUTICAL, INC.,
`BRECKENRIDGE PHARMACEUTICAL, INC. AND
`ROXANE LABORATORIES, INC.
`Petitioners,
`
`v.
`
`NOVARTIS AG,
`Patent Owner
`
`
`
`Case IPR2016-000841
`U.S. Patent 5,665,772
`
`
`
`PATENT OWNER’S UNOPPOSED
`NOTICE OF TRANSCRIPTION ERROR
`
`
`
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`1 Breckenridge Pharmaceutical, Inc. was joined as a party to this proceeding via a
`Motion for Joinder in IPR2016-01023; Roxane Laboratories, Inc. was joined as a
`party via a Motion for Joinder in IPR2016-01102.
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`
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`Pursuant to the Board’s April 18, 2017 email authorizing Patent Owner
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`Novartis AG (“Novartis”) to file an Unopposed Notice of Transcription Error in
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`this proceeding, Novartis respectfully notifies the Board of the following
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`transcription error in the Record of Oral Hearing (Paper No. 71), which was filed
`
`on March 15, 2017. As Novartis stated in its March 21, 2017 email to the Board,
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`Petitioners Par Pharmaceutical, Inc., Roxane Laboratories, Inc., and Breckenridge
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`Pharmaceutical, Inc. (“Petitioners”) have indicated that they do not oppose
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`correction of the following error.
`
`At page 48, line 4 of the Record of Oral Hearing, the transcript incorrectly
`
`recorded a statement from Patent Owner’s counsel, Ms. Schwarz, regarding Lemke
`
`Table 16-1. Specifically, the transcript states “we think it is inappropriate when
`
`looking at Table 16-1 to look at the atoms that differ between Rapamycin and
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`Everolimus. . . .” (Underscoring added.) Instead, Ms. Schwarz stated “we think it
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`is appropriate when looking at Table 16-1 to look at the atoms that differ between
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`Rapamycin and Everolimus. . . .” Evidence that Ms. Schwarz’s statement was
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`mistranscribed is readily apparent from the discussion of Lemke Table 16-1 at
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`page 42, line 16 to page 44, line 21, and page 46, line 2 to page 48, line 18 of the
`
`Record of Oral Hearing.
`
`
`
`1
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`
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`/Nicholas N. Kallas/
`Nicholas N. Kallas
`Registration No. 31,530
`Lead Counsel for Patent Owner
`FITZPATRICK, CELLA, HARPER
`& SCINTO
`1290 Avenue of the Americas
`New York, NY 10104-3800
`Tel. 212-218-2100
`
`
`
`Respectfully submitted,
`
`
`Dated: April 18, 2017
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`2
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`CERTIFICATE OF SERVICE
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`I certify that a copy of the foregoing Patent Owner’s Unopposed
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`Notice of Transcription Error was served on April 18, 2017, by causing it to
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`be sent by email to counsel for Petitioners at the following email addresses:
`
`Daniel G. Brown (daniel.brown@lw.com)
`
`Robert Steinberg (bob.steinberg@lw.com)
`
`Brenda L. Danek (Brenda.danek@lw.com)
`
`
`
`Jonathan M. Strang (jonathan.strang@lw.com)
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`Matthew L. Fedowitz (mfedowitz@merchantgould.com)
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`B. Jefferson Boggs (jboggs@merchantgould.com)
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`Daniel R. Evans (devans@merchantgould.com)
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`Keith A. Zullow (kzullow@goodwinlaw.com)
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`Marta Delsignore (mdelsignore@goodwinprocter.com)
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`/Nicholas N. Kallas/
`Nicholas N. Kallas
`Registration No. 31,530
`Lead Counsel for Patent Owner
`FITZPATRICK, CELLA,
`HARPER & SCINTO
`1290 Avenue of the Americas
`New York, NY 10104-3800
`Tel. 212-218-2100
`
`Dated: April 18, 2017
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`3
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