`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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`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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`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 Parties Review No.— IPR2016-00245
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`RESPONSE TO NOTICE OF FILING DATE ACCORDED TO
`PETITION
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`1
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`U.S. Patent No. 8,440,170
`IPR2016-00245
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`Petitioners Mr. J Kyle Bass and Mr. Erich Spangenberg hereby correct
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`the defects identified in the Notice Of Filing Date Accorded to Petition (“the
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`Notice”).
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`The Notice identified the following defects:
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`The petition’s claim charts improperly contain argument. On page
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`21 of the petition, the claim chart states: “[T]he ‘blue colored
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`mannitol inclusions’ were commercially available at the time of
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`the invention and known to be useful as claimed. (Ex. 1002, ¶
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`16).” Exhibit 1002 is a declaration
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`All of the exhibits do not contain page numbering.
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`In response, Petitioner hereby provides a correct petition with the
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`objectionable sentence removed from the claim chart and corrected exhibits
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`with the required page numbers.
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`Petitioner respectfully submits that the defects are now corrected.
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`Respectfully Submitted,
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`
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`By: /Gregory Gonsalves/
`Dr. Gregory Gonsalves
`Reg. No. 43,639
`2216 Beacon Lane
`Falls Church, Virginia 22043
`(571) 419-7252
`gonsalves@gonsalveslawfirm.com
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`
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`2
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`Date: December 4, 2015
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`U.S. Patent No. 8,440,170
`IPR2016-00245
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`CERTIFICATE OF SERVICE
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`Under 37 C.F.R. §§ 42.6(e), this is to certify that I caused a true and correct
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`copy of the foregoing materials:
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`• Response to Notice Of Filing Date Accorded To Petition
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`• Corrected Petition for Inter Partes Review of U.S. Patent No. 8,440,170
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`Under 35 U.S.C. § 312 and 37 C.F.R. § 42.104
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`• Corrected Exhibits 1001-1016
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`to be served via Express Mail on the following attorneys of record as listed
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`in PAIR:
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`ROTHWELL, FIGG, ERNST & MANBECK, P.C.
`607 14th Street, N.W.
`SUITE 800
`WASHINGTON DC 20005
`Customer Number: 6449
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`Date: December 4, 2015
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`Respectfully Submitted,
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`By: _/Gregory Gonsalves_____
`Dr. Gregory Gonsalves
`Reg. No. 43,639
`2216 Beacon Lane
`Falls Church, Virginia 22043
`(571) 419-7252
`gonsalves@gonsalveslawfirm.com
`
`
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`3
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