Gan, Rosanna W.
`
`From:
`Sent:
`To:
`Cc:
`Subject:
`
`Vivek Ganti <vg@hkw-law.com>
`Saturday, December 26, 2015 2:35 PM
`Oliver, Justin; Sharad Bijanki
`#Amgen 595 IPR; John North
`RE: IPR2016-00085 Complex Innovations v. Amgen
`
`Justin,
`
`I’d be happy to clarify my response. Complex Innovations is the only RPI. No other entity funded, controlled, or directed
`Complex Innovation’s participation in this proceeding. If that were the case, we would have disclosed such an entity as
`an RPI. In regard to Mr. Mathis, the cited case explains why there is no requirement to disclose him in this proceeding.
`
`Regards,
`Vivek
`
`
`
`From: Oliver, Justin [mailto:JOliver@fchs.com]
`Sent: Wednesday, December 23, 2015 5:20 PM
`To: Vivek Ganti <vg@hkw-law.com>; Sharad Bijanki <sb@hkw-law.com>
`Cc: #Amgen 595 IPR <#Amgen595IPR@FCHS.COM>; John North <jln@hkw-law.com>
`Subject: RE: IPR2016-00085 Complex Innovations v. Amgen
`
`Vivek,
`
`
`Thank you for your response.
`
`In reviewing your email, it appears that you have identified who is not an RPI (generic pharmaceutical companies) and
`stated that Mr. Mathis “is the sole investor in Complex Innovations.” However, this does not appear to address the
`specific legal issue raised. Any party that controls, funds, or directs an IPR proceeding may qualify as an RPI. Your email
`does not address whether any individual or entity other than Complex Innovations or Mr. Mathis controls, funds, or
`directs this case.
`
`
`On the issue of Mr. Mathis’ involvement, that he is the sole investor in Complex Innovations does not address who else
`may have controlled or directed the filing of the petition, whether an “investor” in Complex Innovations or not. Further,
`we note that the Board decision you cited involves a fact pattern in which 63 different entities had a potential financial
`interest in the named IPR. That fact pattern does not appear to reflect the circumstances of the present matter. Further,
`the cited decision does confirm that the exercise of control over a petitioner’s participation in an IPR proceeding is a
`significant consideration for naming RPIs.
`
`
`Therefore, in accordance with the statute, rules, and authority you cited, we ask that you confirm that no other
`individual or entity other than Mr. Mathis/Complex Innovations has exercised control, funded (monetarily or otherwise),
`or directed petitioner’s participation in this proceeding. We ask for a response by January 5.
`
`Justin
`
`
`Justin J. Oliver
`FITZPATRICK, CELLA, HARPER & SCINTO
`975 F Street, NW
`
`1
`
`Amgen Ex. 2016
`Complex Innovations v. Amgen
`IPR2016-00085
`
`

`
`Washington, DC 20004-1462
`T 202-721-5423
`F 202-530-1055
`JOliver@fchs.com
`http://www.fitzpatrickcella.com
`Bio
`
`
`
`
`
`From: Vivek Ganti [mailto:vg@hkw-law.com]
`Sent: Wednesday, December 16, 2015 1:11 PM
`To: Oliver, Justin; Sharad Bijanki
`Cc: #Amgen 595 IPR; John North
`Subject: RE: IPR2016-00085 Complex Innovations v. Amgen
`
`Justin,
`
`
`Amgen previously inquired on the RPI issue. Complex Innovations responded on October 14, 2015 and indicated that
`there are no generic pharmaceutical companies involved in this Petition. That remains the case.
`
`
`Complex Innovations maintains that the RPI disclosure in the petition is complete and correct. Mr. Mathis is the sole
`investor in Complex Innovations, however, under the rules, an investor alone is not an RPI. See Intellectual Ventures
`Management LLC. v. Xilinx Inc., IPR2012-00023, Paper 10 (PTAB, Jan. 2013). If Amgen has any authority to the contrary,
`please forward it for our consideration.
`
`
`Regards,
`Vivek
`
`
`
`From: Vivek Ganti
`Sent: Friday, December 11, 2015 9:53 AM
`To: 'Oliver, Justin' <JOliver@fchs.com>; Sharad Bijanki <sb@hkw-law.com>
`Cc: #Amgen 595 IPR <#Amgen595IPR@FCHS.COM>; John North <jln@hkw-law.com>
`Subject: RE: IPR2016-00085 Complex Innovations v. Amgen
`
`
`Dear Justin,
`
`
`We will look into your request and get back to you soon.
`
`
`Regards,
`Vivek
`
`
`
`From: Oliver, Justin [mailto:JOliver@fchs.com]
`Sent: Thursday, December 10, 2015 5:36 PM
`To: Vivek Ganti <vg@hkw-law.com>; Sharad Bijanki <sb@hkw-law.com>
`Cc: #Amgen 595 IPR <#Amgen595IPR@FCHS.COM>
`Subject: IPR2016-00085 Complex Innovations v. Amgen
`
`
`Dear Vivek,
`
`I am counsel for Amgen in the referenced Inter Partes Review (IPR). I am writing to you concerning the real party in
`interest for this case.
`
`
`2
`
`

`
`As you know, 35 U.S.C. § 312(a)(2) requires that any IPR petition identify all real parties in interest. A real party in
`interest is the party that desires review of the patent, which includes any party at whose behest the petition is filed.
`Those that fund or control the filing of an IPR are generally considered real parties in interest.
`
`In the present case, based on the limited information available for Complex Innovations, LLC, that entity does not appear
`to be a going concern that generates revenues to fund an IPR or to have any business interest in the review of the
`patent at issue. For example, the address for Complex Innovations registered with the State of California appears to be a
`residential address and the only registered agent, Gregory Mathis, does not have an apparent interest in the review of
`the patent at issue. For these reasons, Amgen requests that Complex Innovations disclose all parties (entities or
`individuals) (i) that control Complex Innovations, (ii) that fund Complex Innovations, and (iii) at whose behest the
`present IPR petition was filed. Amgen requests that this information be disclosed within seven (7) business days.
`
`
`We look forward to your response in this matter.
`
`
`Sincerely,
`Justin
`
`
`
`Justin J. Oliver
`FITZPATRICK, CELLA, HARPER & SCINTO
`975 F Street, NW
`Washington, DC 20004-1462
`T 202-721-5423
`F 202-530-1055
`JOliver@fchs.com
`http://www.fitzpatrickcella.com
`Bio
`
`
`
`
`---------------------------------------------------------------------------
`This email message and any attachments are intended for the use of the
`addressee(s)indicated above. Information that is privileged or otherwise
`confidential may be contained therein. If you are not the intended recipient(s),
`you are hereby notified that any dissemination, review or use of this message,
`documents or information contained therein is strictly prohibited. If you have
`received this message in error, please immediately delete it and notify us by
`telephone at (212) 218-2100. Thank you.
`
`
`
`---------------------------------------------------------------------------
`This email message and any attachments are intended for the use of the
`addressee(s)indicated above. Information that is privileged or otherwise
`confidential may be contained therein. If you are not the intended recipient(s),
`you are hereby notified that any dissemination, review or use of this message,
`documents or information contained therein is strictly prohibited. If you have
`received this message in error, please immediately delete it and notify us by
`telephone at (212) 218-2100. Thank you.
`
`3