`
`Date Filed: December 3, 2015
`
`Filed on behalf of: POZEN INC. and
`
`PERNIX THERAPEUTICS HOLDINGS INC.
`
`By: Dominick A. Conde
`
`PozenIPR@fchs.com
`
`(212) 218-2100
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`GRAYBAR PHARMACEUTICALS, LLC
`
`Petitioner,
`
`V.
`
`POZEN INC.,
`
`Patent Owner
`
`Case IPR2016-00191
`
`U.S. Patent No. 7,332,183
`
`MANDATORY NOTICES UNDER 37 C.F.R. § 42.8gagg2;
`
`
`
`1. Real Party-in-Interest Pursuant to 37 C.F.R. § 42.8gbgg1g
`
`Pursuant to the requirements of 37 C.F.R. § 42.8(a)(2), the
`
`undersigned states that the real parties-in—interest are Pozen Inc. (“Pozen”) and
`
`Pernix Therapeutics Holdings Inc. (“Pernix”).
`
`Pozen is the patent owner and licensor of U.S. Patent No. 7,332,183
`
`(“the ’183 Patent”). Subject to the exclusive license described below, Pozen is the
`
`owner of all right, title, and interest in the ’183 Patent by virtue of an assignment
`
`of rights (“Assignment”) from the inventors: John R. Plachetka, Venkata
`
`Markandeya Kothapalli, and Donna L. Gilbert. This Assignment was recorded
`
`with the U.S. Patent and Trademark Office on May 21, 2004, at Reel No. 14657,
`
`Frame No. 347, in connection with U.S. Patent Appl. No. 10/741,592 (“the ’592
`
`Application”). The ’183 Patent issued from the ’592 Application.
`
`Pernix is the exclusive licensee of the ’183 Patent, with the rights to
`
`enforce and defend the ’183 Patent in this IPR proceeding. Pernix obtained those
`
`rights through an exclusive license agreement between patent owner Pozen and
`
`Pernix relating to the ’183 Patent, which granted Pernix an exclusive license in the
`
`Field of Use for the duration of the ’183 Patent’s term, and the right to sublicense,
`
`enforce, and defend the ’183 Patent.
`
`
`
`2. Related Matters Pursuant to 37 C.F.R. § 42.8gb)g21
`
`Upon information and belief, there are currently no judicial or
`
`administrative matters that would affect, or be affected by, a decision in this
`
`proceeding.
`
`3. Identification of Lead and Back-Up Counsel
`Pursuant to 37 C.F.R.
`42.8 b 3 and 42.10
`
`Pursuant to 37 C.F.R. §§ 42.8(b)(3) and 42.10:
`
`Pernix designates Dominick A. Conde (Reg. No. 33,856) as lead
`
`counsel and Brendan M. O’Malley (Reg. No. 64,905) as back—up counsel.
`
`Pozen designates Stephen M. Hash (Reg. No. 45,490) as lead counsel
`
`and Jeffrey S. Gritton (Reg. No. 65,314) as back—up counsel.
`
`Powers of attorney from Pernix and Pozen are being submitted with
`
`this Notice.
`
`4. Service Information Pursuant to 37 C.F.R. § 42.8gbgg4g
`
`Pernix and Pozen may be served electronically using the following
`
`email addresses:
`
`PozenIPR@fchs.com (Pernix)
`
`PozenIPR@bakerbotts.com (Pozen)
`
`
`
`Pernix may be served by postal mailing, hand-delivery, telephone or
`
`facsimile as follows:
`
`Dominick A. Conde, Esq.
`FITZPATRICK CELLA, HARPER & SCINTO
`1290 Avenue of the Americas
`
`New York, NY 10104-3800
`Telephone:
`(212) 218-2100
`Facsimile:
`(212)218-2200
`
`Pozen may be served by postal mailing, hand-delivery, telephone or
`
`facsimile as follows:
`
`Stephen M. Hash, Ph.D.
`BAKER BOTTS LLP
`
`98 San Jacinto Blvd
`
`Suite 1500
`
`Austin, TX 78701-4078
`Telephone:
`(512) 322-2587
`Facsimile:
`(512) 322-3687
`
`Dated: December 3, 2015
`
`Respectfully submitted,
`
`
`
`
`
`Dominick A. Conde (Reg. N6. 33,856)
`FITZPATRICK CELLA, HARPER & SCINTO
`1290 Avenue of the Americas
`
`K!”
`
`New York, NY 10104-3800
`
`Tel. (212)218-2100
`Fax. (212) 218-2200
`dconde@fchs.com
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`GRAYBAR PHARMACEUTICALS, LLC
`
`Petitioner,
`V
`
`POZEN INC.,
`
`Patent Owners.
`
`Case IPR2016-00191
`
`U.S. Patent No. 7,332,183
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that Pozen Inc.’s Mandatory Notices under 37
`
`C.F.R. § 42.8(a)(2) in connection with IPR2016-00191 were served on this 3rd day
`
`of December 2015 by Federal Express and electronic mail, addressed as follows:
`
`Zachary D. Silbersher
`KROUB SILBERSHER & KOLMYKOV PLLC
`
`305 Broadway, 7th Floor
`New York, NY 10007
`
`Tel: (212) 323-7442
`zsilbersher@kskiplaw.com
`
`mama
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