`IPR2016-00245
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`J. Kyle Bass and Erich Spangenberg
`Petitioners
`
`ALPEX PHARMA
`
`Patent Owner
`
`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”
`
`Inter Parres Review: No. IPR20 1 6—00245
`
`RESPONSE TO ORDER CONCERNING CONDUCT OF THE
`
`PROCEEDING
`
`
`
`U.S. Patent No. 8,440,170
`
`IPR20 16-00245
`
`Patent Owner, Alpex Phanna, hereby responds to the Order dated September
`
`16, 2016 from the Patent Trial and Appeal Board affording Patent Owner “ten (10)
`
`business days
`
`to show cause why adverse judgment should not be entered
`
`against it” (“the Order”).
`
`Patent Owner confirms that it is not inclined, in the aftermath of refrainment
`
`from filing a response to the Petition, to contest the issues designated for trial any
`
`further.
`
`In addition, Patent Owner acknowledges that pursuant to 37 C.F.R.
`
`§42.73(b)(4) “abandonment of this proceeding by Patent Owner would be viewed
`
`as a request for adverse judgment”, and that “judgment would be entered against
`
`Patent Owner.”
`
`Patent Owner’s election not to “show cause why adverse judgment should
`
`not be entered against it” is premised on, and subject to the correctness of its
`
`understanding that, the adversejudgment entered against it will: (i) relate solely to
`
`the issues designated for trial, (ii) result in the cancellation of only ‘ 170 patent
`
`claims 1-3, 5, 6, 8 and 9, and (iii) leave intact ‘ 170 patent claims 4 and 7 which
`
`were not designated for trial. In the event any of the foregoing is not correct,
`
`Patent Owner requests that it be so notified prior to entry of an adverse judgment.
`
`
`
`U.S. Patent No. 8,440,170
`IPR2016-00245
`
`Date: October 4, 2016
`
`Respectfully submitted,
`
`By:
`
`/Silvia Sa1vadori/
`Silvia Salvadori
`
`Lead Counsel for Patent Owner
`
`Registration No. 48,265
`
`/George B. Snyderl
`George B. Snyder
`Back-up Counsel for Patent
`Owner
`
`Registration No. 27,675
`
`
`
`U.S. Patent No. 8,440,170
`IPR20 16-00245
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that on October 4, 2016 a copy of the
`
`foregoing document, as identified below,
`
`0 Response to Order Concerning Conduct of the Proceeding,
`
`is being served on Petitioners’ counsel by Express Mail to Petitioners’ counsel of
`
`record at:
`
`Dr. Gregory J. Gonsalves
`Email gonsa1ves@gonsa1vesIawfim.corn
`2216 Beacon Lane
`
`Falls Church, Virginia 22043
`(571)419-7252
`
`-and-
`
`Christopher Casieri
`E1nail:chris@miplaw.com
`McNeely, Hare & War LLP
`12 Roszel Road, Suite C104
`
`Princeton, NJ 08540
`
`(609) 731-3668
`
`Dated:
`
`October 4, 2016
`
`/Silvia Salvadoril
`
`Silvia Salvadori, Esq.
`Attorney for Patent Owner
`Registration No. 48,265
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