`571-272-7822
`
`
`
`
`
`
`
`Paper 8
`Date: February 18, 2016
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`TEVA PHARMACEUTICALS USA, INC.,
`Petitioner,
`
`v.
`
`INDIVIOR UK LIMITED,
`Patent Owner.
`____________
`
`Case IPR2016-00280
`Patent 8,475,832 B2
`____________
`
`
`
`Before TONI R. SCHEINER, JACQUELINE WRIGHT BONILLA, and
`ZHENYU YANG, Administrative Patent Judges.
`
`BONILLA, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`IPR2016-00280
`Patent 8,475,832 B2
`
`
`On February 17, 2016, a conference call was conducted between
`respective counsel for the parties and the panel judges. A court reporter was
`also present on the call.1 The parties requested the conference to address
`issues relating to the filing date accorded to the Petition filed in the instant
`case.2 In particular, during the call, Patent Owner requested that the
`December 3, 2015 filing date currently accorded to the Petition be changed
`to December 4, 2015. Patent Owner stated that it did not receive effective
`service of the Petition and supporting evidence until December 4, 2015, at
`the earliest. Petitioner confirmed that it did not attempt service before 3 a.m.
`on December 4, 2015, when it brought boxes of documents to a Federal
`Express office for mailing. Both parties agreed that an effective filing date
`of December 4, 2015, for the Petition in this case would implicate a time bar
`under 35 U.S.C. § 315(b).
`During the call, Patent Owner requested authorization to file a motion
`to change the effective filing date of the Petition to December 4, 2015, and
`Petitioner opposed. Having heard arguments by both parties on the issue,
`and upon considering, for example, 37 C.F.R. §§ 42.5(b), 42.20, 42.105,
`42.106, we authorize the following briefing: Patent Owner may file a
`motion requesting that the accorded filing date of the Petition in this case be
`changed to December 4, 2015. Patent Owner’s motion is due 10 days from
`the entry of this Order. Petitioner may file an opposition to the motion,
`
`
`1 Petitioner shall file a copy of a transcript of the call as an exhibit in due
`course. This Order summarizes statements made during the conference call.
`A more detailed record may be found in the transcript.
`2 The conference call also addressed related issues in IPR2016-00281 and
`IPR2016-00282. A separate order will be issued for those cases.
`2
`
`
`
`
`
`IPR2016-00280
`Patent 8,475,832 B2
`
`which is due 10 days after the filing of Patent Owner’s motion. Not
`inclusive of any declarations or other supporting exhibits, Patent Owner’s
`motion and Petitioner’s opposition shall be limited to 10 pages each. A
`reply is not authorized at this time.
`
`ORDER
`In consideration of the foregoing, it is hereby:
`ORDERED that Patent Owner is authorized to file a motion, limited
`to 10 pages, requesting the filing date accorded in this case to be changed to
`December 4, 2015;
`FURTHER ORDERED that Patent Owner’s motion is due 10 days
`from the entry of this Order;
`FURTHER ORDERED that Petitioner is authorized to file an
`opposition to the motion, limited to 10 pages; and
`FURTHER ORDERED that Petitioner’s opposition is due 10 days
`after the filing of Petitioner’s motion.
`
`
`
`
`
`
`3
`
`
`
`IPR2016-00280
`Patent 8,475,832 B2
`
`PETITIONER:
`Elizabeth Holland
`Eleanor Yost
`John Stull
`eholland@goodwinprocter.com
`eyost@goodwinprocter.com
`jstull@goodwinprocter.com
`
`PATENT OWNER:
`Andrea Reister
`Enrique Longton
`areister@cov.com
`rlongton@cov.com
`
`
`
`
`
`4
`
`
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