`571-272-7822
`
`Paper No. 82
`
` Entered: February 9, 2017
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`AMERIGEN PHARMACEUTICALS LIMITED and
`ARGENTUM PHARMACEUTICALS LLC,
`Petitioner,
`
`v.
`
`JANSSEN ONCOLOGY, INC.,
`Patent Owner.
`____________
`
`Case IPR2016-002861
`Patent 8,822,438 B2
`____________
`
`
`Before LORA M. GREEN, RAMA G. ELLURU, and
`KRISTINA M. KALAN, Administrative Patent Judges.
`
`KALAN, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`1 Case IPR2016-01317 has been joined with this proceeding.
`
`
`
`IPR2016-00286
`Patent 8,822,438 B2
`
`
`On February 2, 2017, Petitioner contacted the Board via e-mail to
`
`request permission to correct a clerical error associated with Petitioner’s
`
`Reply, filed January 16, 2017. More specifically, Petitioner stated that the
`
`Declaration of DeForest McDuff was inadvertently labeled as Exhibit 1152,
`
`whereas it is cited as Exhibit 1096 in Petitioner’s Reply. Petitioner requests
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`permission to re-label and file the McDuff Declaration as Exhibit 1096, and
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`expunge Exhibit 1152. Petitioner indicates that Patent Owner objects to the
`
`requested correction.
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`Presently, there is no Exhibit 1096 in the record. Exhibit 1152 is the
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`Declaration of DeForest McDuff, which is also identified in Petitioner’s
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`Exhibit List as the same. Petitioner’s proposed resolution does not appear to
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`involve more than correction of a clerical error, i.e., the erroneous
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`numbering of an otherwise timely submitted Exhibit. Given the facts of this
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`specific case, and because correction of this error was timely sought, we
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`authorize and direct Petitioner to re-label and file the McDuff Declaration as
`
`Exhibit 1096 and file an updated Exhibit List; the current Exhibit 1152 shall
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`be expunged.
`
`In consideration of the foregoing, it is:
`
`ORDER
`
`ORDERED that Petitioner is authorized to file the McDuff
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`Declaration as Exhibit 1096 and file an updated Exhibit List; and
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`FURTHER ORDERED that the current Exhibit 1152 shall be
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`expunged.
`
`
`
`
`
`
`
`
`
`2
`
`
`
`IPR2016-00286
`Patent 8,822,438 B2
`
`FOR PETITIONER:
`
`William Hare
`bill@miplaw.com
`
`Gabriela Materassi
`materassi@miplaw.com
`
`Teresa Rea
`trea@crowell.com
`
`Shannon Lentz
`slentz@crowell.com
`
`
`
`FOR PATENT OWNER:
`
`Dianne Elderkin
`delderkin@akingump.com
`
`Barbara Mullin
`bmullin@akingump.com
`
`Ruben Munoz
`rmunoz@akingump.com
`
`
`
`
`3
`
`