`IPR2016-00245
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`___________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
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`
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`Mr. J. Kyle Bass and Mr. Erich Spangenberg,
`Petitioners
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`v.
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`ALPEX PHARMA
`Patent Owner
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`
`
`________
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`Patent No. 8,440,170
`Issued: May 14, 2013
`Filed: PCT January 30, 2009
`Inventors: F. Stroppolo and S. Ardalan
`Title: “Orally Disintegrating Tablets with Speckled Appearance”
`____________________
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`Inter Partes Review No.—IPR2016-00245
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`TRANSMITTAL LETTER AND ANNEXED EXHIBIT 2001
`(INCLUDING TABLE OF EXHIBITS)
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`U.S. Patent No. 8,440,170
`IPR2016-00245
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`TRANSMITTAL LETTER AND ANNEXED EXHIBIT 2001
`(INCLUDING TABLE OF EXHIBITS)
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`Pursuant to the email directive dated March 1, 2016 from Eric Hawthorne,
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`Supervisory Paralegal Specialist, Patent Trial and Appeal Board, Patent Owner
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`now submits as separate Exhibit 2001 the four-page document attached at the end
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`of the Preliminary Response by Patent Owner under 37 C.F.R. §42.107, filed
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`February 24, 2016.
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`The four-page document now constituting Exhibit 2001 is cited in the
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`Corrected Preliminary Response by Patent Owner under 37 C.F.R. §42.107 in
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`Section II(B)(2). The designation “Exhibit 2001” along with the name
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`(description) of the document comprising same are set forth below and in the
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`annexed Table of Exhibits:
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`Exhibit 2001 – Four-page entry from Wikipedia re “Granular material.”
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`Entry of Exhibit 2001 in support of the Corrected Preliminary Response by
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`Patent Owner under 37 C.F.R. §42.107 is solicited.
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`Respectfully Submitted,
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`By:
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`/Silvia Salvadori/
`Silvia Salvadori,
`Lead Counsel for Patent Owner
`Registration No. 48,265
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`/George B. Snyder/
`George B. Snyder
`Back-up Counsel for Patent Owner
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`Date: March 8, 2016
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`U.S. Patent No. 8,440,170
`IPR2016-00245
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`Registration No. 27,675
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`U.S. Patent No. 8,440,170
`IPR2016-00245
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`TABLE OF EXHIBITS
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`For Preliminary Response by Patent Owner
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`Exhibit Description
`2001
`Four-page entry from Wikipedia re “Granular material”
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`For Petition for Inter Partes Review of U.S. Patent No. 8,440,170
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`1004
`1005
`1006
`1007
`1008
`1009
`1010
`1011
`1012
`1013
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`Exhibit Description
`1001
`U.S. Patent No. 8,440,170
`1002
`Declaration of Dr. Park
`1003
`US FDA Orange Book listing of Suprenza,
`http://www.accessdata.fda.gov/scripts/cder/ob/docs/patexclnew.cfm?App
`1_No=202088&Product_No=001&table1=OB_Rx
`The Prevacid Label 2007
`U.S. 1006/0193909 to Stawski et al.
`U.S. 4,744,991 to Serpelloni
`Reply to Restriction November 10, 2011
`Non-final Office Action February 14, 2012
`Reply to Non-final Office Action May 14, 2012
`Final Office Action September 12, 2012
`Applicant Arguments/Amendments December 12, 2012
`Notice of Allowance March 20, 2013
`Prevacid SoluTab orally disintegrating tablets. Website at
`http://www.drugs.com/cdi/prevacid-solutab-orally-disintegrating-
`tablets.html
`Image of orally disintegrating, speckled Suprenza tablet.
`http://images.medscape.com/pi/features/drugdirectory/octupdate/AKR07
`220.jpg
`The American Heritage College Dictionary, Houghton Mifflin Company,
`1993, pp. 276, 593, and 1307.
`The front page of the Suprenza website
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`1014
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`1015
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`1016
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`U.S. Patent No. 8,440,170
`IPR2016-00245
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that on March , 2016 a copy of each of the
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`foregoing document(s), as identified below,
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` Transmittal Letter and Annexed Exhibit 2001 (Including Table of
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`Exhibits),
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`is being served on Petitioners’ counsel by Express Mail to Petitioners’ counsel of
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`record at:
`
`Dr. Gregory J. Gonsalves
`Email gonsalves@gonsalveslawfim.com
`2216 Beacon Lane
`Falls Church, Virginia 22043
`(571) 419-7252
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`- and -
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`
`
`Christopher Casieri
`Email:chris@miplaw.com
`McNeely, Hare & War LLP
`12 Roszel Road, Suite C104
`Princeton, NJ 08540
`(609) 731-3668
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`Dated:
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`March 8, 2016
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`/Silvia Salvadori/
`Silvia Salvadori, Esq.
`Attorney for Patent Owner
`Registration No. 48,265
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