`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`ARGENTUM PHARMACEUTICALS LLC
`Petitioner
`
`v.
`
`RESEARCH CORPORATION TECHNOLOGIES, INC.
`Patent Owner
`
`UNOPPOSED MOTION TO CORRECT A TYPOGRAPHICAL MISTAKE
`IN THE PETITION UNDER 37 C.F.R. § 42.104(c)
`
`
`
`
`
`
`
`
`
`
`Patent No. RE38,551
`Issue Date: July 6, 2004
`Title: ANTICONVULSANT ENANTIOMERIC AMINO ACID DERIVATIVES
`_______________
`
`Inter Partes Review No. IPR2016-00204
`____________________________________________________________
`
`
`
`
`
`
`
`Patent No. RE38,551
`Petition For Inter Partes Review
`Petitioner submits the present motion under 37 C.F.R. § 42.104(c) to correct
`
`
`
`
`
`a typographical error in the Petition filed November 23, 2015 (Paper 2).
`
`I.
`
`
`
`Request to Substitute Replacement Paper 2
`
`Petitioner Argentum Pharmaceuticals LLC hereby moves to substitute a
`
`replacement Petition (Paper 2) to correct a typographical error in the figure under
`
`the heading for Ground 2A on page 34. Petitioner submits herewith a marked-up
`
`version of the Petition showing the proposed correction along with a corresponding
`
`clean Proposed Substitute Petition. Petitioner certifies that this is the only change
`
`being made. A proposed Amended Petition For Inter Partes Review and a marked-
`
`up version illustrating the change are concurrently filed as Exhibits 1036 and 1037.
`
`Opposing counsel has stated that they do not oppose this motion. Authorization to
`
`file this motion was granted by the Board on February 5, 2016.
`
`II.
`
`Facts and Description of the Typographical Error
`
`
`
`The as-filed Petition contains a typographical error in the label of the figure
`
`under the heading for Ground 2A on page 34. The heading incorrectly labels the
`
`compound as the “Methyl compound (Cortes, AAB).” The label should read
`
`“Hydroxymethyl compound (Choi, 2d),” as is evident from the heading for
`
`Ground 2A, the detailed analysis of why the challenged claims are obvious under
`
`Ground 2A (see pages 34-44 of the as-filed Petition), and the figure provided in the
`
`introduction of the Petition on page 4.
`
`
`
`Patent No. RE38,551
`Petition For Inter Partes Review
`
`The excerpt below identifies the error as the stricken text, along with the
`
`
`
`correct label underlined.
`
`III. Effect of Correction
`
`
`
`When considering a motion to correct, the Board will consider any
`
`substantial substantive effect, including any effect on the patent owner’s ability to
`
`file a preliminary response.” See Final Rule, 77 Fed. Reg. 48,680, 48,699 (Aug.
`
`
`
`
`
`Patent No. RE38,551
`Petition For Inter Partes Review
`14, 2012). Here, Patent Owner would not be prejudiced by the proposed correction
`
`
`
`because the incorrect label is plainly a typographical error which Patent Owner
`
`would immediately recognize. As explained, the contents of the Petitioner make
`
`clear what the correct label for the figure under Ground 2A on page 34 should have
`
`been. Indeed, the correct information is provided elsewhere in the petition.
`
`Further, the entry of the Substitute Petition will have no effect on Patent Owner’s
`
`ability to file a Preliminary Patent Owner Response, should it decide to do so.
`
`IV. Conclusion
`
`
`
`Accordingly, Petitioner respectfully requests that the Board enter the
`
`attached Substitute Petition.
`
`
`
`Dated: February 10, 2016
`
`
`
`
`
`By:
`
`/Matthew J. Dowd/
`Matthew J. Dowd
`Reg. No. 47,534
`Justin W. Crotty
`Reg. No. 68,937
`ANDREWS KURTH LLP
`1350 I Street, NW
`Suite 1100
`Washington, DC 20005
`Phone: (202) 662-2701
`Fax: (202) 974-9511
`MatthewDowd@andrewskurth.com
`
`
`
`
`
`
`
`Patent No. RE38,551
`Petition For Inter Partes Review
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a copy of the foregoing motion together with
`all exhibits and other papers filed therewith will be served on February 5, 2016, by
`email to the attorney(s) of record for the patent at the following addresses:
`
`areister@cov.com
`jrobbins@cov.com
`rlongton@cov.com
`
`Covington & Burling LLP
`One City Center, 850 Tenth Street, NW
`Washington, DC 20001
`
`
`By:
`
`
`
`
`
`/Matthew J. Dowd/
`Matthew J. Dowd
`Reg. No. 47,534
`ANDREWS KURTH LLP
`1350 I Street, NW
`Suite 1100
`Washington, DC 20005
`Phone: (202) 662-2701
`Fax: (202) 974-9511
`MatthewDowd@andrewskurth.com
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
