`Entered: September 20, 2016
`
`Trials@uspto.gov
`Tel: 571-272-7822
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`J. KYLE BASS and ERICH SPANGENBERG,
`Petitioners,
`
`v.
`
`ALPEX PHARMA SA,
`Patent Owner.
`_______________
`
`Case IPR2016-00245
`Patent 8,440,170 B2
`_______________
`
`
`
`Before TONI R. SCHEINER, LORA M. GREEN, and
`JACQUELINE WRIGHT BONILLA, Administrative Patent Judges.
`
`GREEN, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`IPR2016-00245
`Patent 8,440,170 B2
`
`A conference call was held on Monday, August 29, 2016, among
`Gregory Gonsalves, counsel for Petitioner; George Snyder, counsel for
`Patent Owner; and Judges Green, Scheiner, and Bonilla. The panel
`requested the call in response to the following email sent to the Board by
`Patent Owner on Monday, August 22, 2016, reproduced below.
`
`Honorable Board Members:
`
`This is to provide notification, in conjunction with the due
`date of August 23, 2016 set in the Scheduling Order, that Patent
`Owner Alpex Pharma will not be submitting an Opposition
`(Response) to the Petition filed by Petitioners Bass and
`Spangenberg. Patent Owner stands ready, in the event the Board
`deems it necessary or advantageous, to participate in a telephone
`conference with Board personnel and counsel for Petitioners
`regarding the foregoing.
`
`Respectfully submitted,
`
`Back-up Counsel for Patent Owner
`
`George B. Snyder
`
`Upon questioning by the panel, counsel for Patent Owner reiterated
`
`what was in the email, stating that Patent Owner would not be filing a
`response to the Petition in this proceeding.
`
`The Patent Owner Response was due August 23, 2016. As of the date
`of this Order, Patent Owner has not filed such a response, nor have the
`parties stipulated to a change of its due date. Thus, it is unclear whether
`Patent Owner is abandoning the contest. Under 37 C.F.R. § 42.73(b)(4),
`abandonment of this proceeding by Patent Owner would be viewed as a
`
` 2
`
`
`
`
`
`
`
`IPR2016-00245
`Patent 8,440,170 B2
`
`request for adverse judgment, and judgment would be entered against Patent
`Owner.
`Under these circumstances, it is
`ORDERED that Patent Owner has ten (10) business days from the
`date of this order to show cause why adverse judgment should not be entered
`against it.
`
`
`
`
`
`
`
`Petitioner:
`
`Gregory Gonsalves
`gonsalves@gonsalveslawfirm.com
`
`
`
`Patent Owner:
`
`Silvia Salvadori
`SILVIA SALVADORI, P.C.
`silvia@salvadorilaw.com
`
`George B. Snyder
`WARE, FRESSOLA, MAGUIRE & BARBER LLP
`gbs@warefressola.com
`
` 3
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