`571.272.7822
`
`
`
`
`
`Paper No. 45
` Entered: December 2, 2016
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`
`PAR PHARMACEUTICAL, INC.,
`BRECKENRIDGE PHARMACEUTICAL, INC., AND
`ROXANE LABORATORIES, INC.,
`Petitioners,
`
`v.
`
`NOVARTIS AG,
`Patent Owner.
`
`_____________
`
`Case IPR2016-000841
`Patent 5,665,772
`_____________
`
`
`Before CHRISTOPHER L. CRUMBLEY, Administrative Patent Judge.
`
`
`
`ORDER
`Modification of Due Date 7
`37 C.F.R. § 42.5(c)(1)
`
`
`
`
`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.
`
`
`
`Case IPR2016-00084
`Patent 5,665,772
`
`
`During a conference call with the Board, the parties advised the panel
`
`that counsel for Petitioner Par Pharmaceutical and counsel for Petitioner
`
`Breckenridge Pharmaceutical had scheduling conflicts with the January 24,
`
`2017 Due Date 7 (Oral argument, if requested) set in our Scheduling Order
`
`(Paper 9). See Ex. 1033 (conference call transcript), 8–12. Patent Owner
`
`opposed modifying the oral argument date due to potential conflicts with its
`
`own counsel’s schedule, but after discussion with the Board the parties
`
`agreed to confer further regarding potential alternative dates. Id. at 12, 17–
`
`19. Following the call, the parties contacted the Board and indicated that a
`
`hearing on either February 2 or 3, 2017 would accommodate the schedules
`
`of all counsel.
`
`The Board thanks the parties for working together to find a mutually
`
`acceptable date, and grants the parties’ joint request. The oral argument (if
`
`requested by either party) is hereby re-set to February 2, 2017.
`
`
`
`In light of the foregoing, it is
`
`
`
`ORDERED that the Due Date Appendix of the April 29, 2016
`
`Scheduling Order in these proceedings (Paper 9) is further2 modified as
`
`follows:
`
`
`
`DUE DATE 7 ....................................................................... February 2, 2017
`
`Oral argument (if requested)
`
`
`
`
`
`
`
`
`2 The Board previously modified other Due Dates in the Scheduling Order
`pursuant to a prior request from the parties. Paper 22.
`
`
`
`2
`
`
`
`Case IPR2016-00084
`Patent 5,665,772
`
`For PETITIONER:
`
`Daniel Brown
`daniel.brown@lw.com
`
`Robert Steinberg
`Bob.Steinberg@lw.com
`
`Jonathan Strang
`jonathan.strang@lw.com
`
`
`For PATENT OWNER:
`
`Nicholas Kallas
`nkallas@fchs.com
`
`Raymond Mandra
`rmandra@fchs.com
`
`Christina Schwarz
`CSchwarz@fchs.com
`
`
`
`
`
`
`
`
`
`
`3
`
`
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