`Paper 7 (IPR2016-00282)
`Entered: February 18, 2016
`
`
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`TEVA PHARMACEUTICALS USA, INC.,
`Petitioner,
`
`v.
`
`MONOSOL RX, LLC,
`
`Patent Owner.
`____________
`
`Case IPR2016-00281 (Patent 8,603,514 B2)
`Case IPR2016-00282 (Patent 8,017,150 B2)1
`____________
`
`Before ERICA A. FRANKLIN, TINA E. HULSE, and CHRISTOPHER G.
`PAULRAJ, Administrative Patent Judges.
`
`FRANKLIN, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
` 1
`
` This Order relates to and shall be filed in each referenced case. The parties
`are authorized to use this style heading when filing the same paper in
`multiple proceedings by including a footnote attesting that “the word-for-
`word identical paper is filed in each proceeding identified in the heading.”
`
`
`
`IPR2016-00281 (Patent 8,603,514 B2)
`IPR2016-00282 (Patent 8,017,150 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.2 The parties requested the conference to address
`issues relating to the filing dates accorded to petitions filed in Case Nos.
`IPR2016-00281 and IPR2016-00282.3 In particular, Petitioner, represented
`by Ms. Elizabeth Holland and Ms. Eleanor M. Yost, requests that the
`December 4, 2015 filing date accorded to each petition be changed to
`December 3, 2015. According to Petitioner, a number of “technical
`difficulties” were encountered when uploading the petitions and applying
`payment on the night of December 3, 2015, which resulted in the filings to
`be completed after midnight.
`Patent Owner, represented by Mr. Daniel A. Scola, Jr. and Mr.
`Michael I. Chakansky, opposes Petitioner’s request to change the filing dates
`accorded to December 3, 2015, and further asserts that the Amended
`Certificate of Service fails to reflect that the petitions were actually served
`on December 4, 2015, and received thereafter. Further, Patent Owner assert
`that, in each case, such late service did not include the declaration relied
`upon by Petitioner, and in the one case, IPR2015-00282, service did not
`include the petition.
`Having heard arguments by both parties regarding each of those
`issues, we authorize the following briefing: Petitioner may file a motion
`
`
`
` 2
`
` Petitioner shall file a copy of the transcript 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.
`3 The conference call also addressed a related issue in IPR2016-00280. A
`separate order will be issued for that case.
`2
`
`
`
`
`
`IPR2016-00281 (Patent 8,603,514 B2)
`IPR2016-00282 (Patent 8,017,150 B2)
`
`requesting the filing date accorded in each case to be changed to December
`3, 2015. Petitioner’s motion will be due 10 days from the entry of this
`Order. Patent Owner may file an opposition to the motion, including a
`discussion regarding the asserted issues relating to service. Patent Owner’s
`opposition will be due 10 days after the filing of Petitioner’s motion.
`Petitioner may file a reply to Patent Owner’s opposition. Petitioner’s reply
`will be due 5 days after the filing of Patent Owner’s opposition. Not
`inclusive of any declarations or other supporting exhibits, Petitioner’s
`motion and Patent Owner’s opposition shall be limited to 10 pages each, and
`Petitioner’s reply shall be limited to 5 pages. Further briefing on these
`issues is not authorized at this time.
`ORDER
`In consideration of the foregoing, it is hereby:
`ORDERED that Petitioner is authorized to file a motion, limited to 10
`pages, requesting the filing date accorded in each case to be changed;
`FURTHER ORDERED that Petitioner’s motion will be due 10 days
`from the entry of this Order;
`FURTHER ORDERED that Patent Owner is authorized to file an
`opposition to the motion, limited to 10 pages, including a discussion
`regarding any asserted issues relating to service;
`FURTHER ORDERED that Patent Owner’s opposition will be due 10
`days after the filing of Petitioner’s motion;
`FURTHER ORDERED that Petitioner is authorized further to file a
`reply to Patent Owner’s opposition, limited to 5 pages; and
`FURTHER ORDERED that Petitioner’s reply will be due 5 days after
`the filing of Patent Owner’s opposition.
`
`3
`
`
`
`
`
`IPR2016-00281 (Patent 8,603,514 B2)
`IPR2016-00282 (Patent 8,017,150 B2)
`
`COUNSEL FOR PETITIONER:
`Elizabeth Holland
`Eleanor M. Yost
`John Stull
`eholland@goodwinprocter.com
`eyost@goodwinprocter.com
`jstull@goodwinprocter.com
`
`
`COUNSEL FOR PATENT OWNER:
`
`Daniel Scola
`Michael Chakansky
`dscola@hbiplaw.com
`mchakansky@hbiplaw.com
`
`
`4
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