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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`____________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`___________________
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`FRESENIUS KABI USA, LLC,
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`PETITIONER,
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`V.
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`ELI LILLY & COMPANY,
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`PATENT OWNER.
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`___________________
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`Case IPR2016-003181
`Patent 7,772,209
`___________________
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`PETITIONER’S NOTICE OF APPEAL
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`1 IPR2016-01340, IPR2016-01393, and IPR2016-01429 were joined with this
`proceeding.
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`Office of the General Counsel
`Patent and Trademark Office
`Madison East
`10B20 600 Dulany Street
`Alexandria, VA 22314
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`Notice is hereby given, pursuant to 37 C.F.R. § 90.2(a), that Petitioner
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`Fresenius Kabi USA, LLC (“Petitioner”) appeals under 35 U.S.C. §§ 139, 141 and
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`142 to the United States Court of Appeals for the Federal Circuit from the Final
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`Written Decision entered on October 5, 2017 (Paper No. 88 in IPR2016-003182)
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`(the “Final Written Decision”), and all underlying orders, decisions, rulings, and
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`opinions. A copy of the Final Written Decision is attached.
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`For the limited purpose of providing the Director with the information
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`requested in 37 C.F.R. § 90.2(a)(3)(ii), Petitioners anticipate that the issues on
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`appeal may include the following as well as any underlying findings,
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`determinations, rulings, decisions, opinions, or other related issues:
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`• Whether the Board erred in finding that claims 1-22 of U.S. Patent
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`7,772,209 are patentable, and any findings or determinations
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`supporting or related to that issue, including the weight the Board
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`2 The same decision was entered in IPR2016-01429 (Paper No. 13). This IPR was
`joined with IPR2016-00318 and terminated under 37 C.F.R. § 42.72 on October 4,
`2016 (IPR2016-01429 at Paper No. 10) with an Order that “all further filings in the
`joined proceeding shall be made only in IPR2016-00318” (see, e.g., IPR2016-
`01429, Paper No. 10 at 11).
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`2
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`gave to Petitioners’ evidence, as well as all other issues decided
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`adversely to Petitioners in any orders, decisions, rulings, and opinions.
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`Copies of this Amended Notice of Appeal are being filed simultaneously
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`with the Director, the Patent Trial and Appeal Board, and the Clerk of the United
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`States Court of Appeals for the Federal Circuit.
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`Dated: December 7, 2017
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`Respectfully Submitted,
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`/Cynthia Lambert Hardman/
`Cynthia Lambert Hardman (53,179)
`Michael B. Cottler
`Goodwin Procter LLP
`The New York Times Building
`620 Eighth Avenue
`New York, NY 10018-1405
`mcottler@goodwinlaw.com
`chardman@goodwinlaw.com
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`Counsel for Fresenius Kabi USA, LLC
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`3
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`CERTIFICATE OF FILING
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`I hereby certify that a true and correct copy of the foregoing “Petitioner’s
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`Notice of Appeal,” was filed electronically through the Patent Trial and Appeal
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`Board’s E2E on this 7th day of December, 2017 and deposited with Federal
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`Express on December 7, 2017 to the Director of the United States Patent and
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`Trademark Office at the following address:
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`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel
`United States Patent and Trademark Office
`10B20, Madison Building East
`600 Dulany Street
`Alexandria, VA 22314
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`
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`I also hereby certify that a true and correct copy of the foregoing
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`“Petitioner’s Notice of Appeal,” was filed electronically by CM/ECF on this 7th
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`day of December, 2017, with the United States Court of Appeals for the Federal
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`Respectfully Submitted,
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`/Cynthia Lambert Hardman/
`Cynthia Lambert Hardman (53,179)
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`
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`Circuit.
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`Dated: December 7, 2017
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e), I certify that I caused to be served on the
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`counsel for Patent Owner a true and correct copy of the foregoing “Petitioner’s
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`Notice of Appeal,” on December 7th, 2017, by Federal Express to counsel for
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`Patent Owner at the following addresses of record:
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`Dov P. Grossman (72,525)
`David M. Krinsky (72,339)
`Adam L. Perlman
`WILLIAMS & CONNOLLY LLP
`725 Twelfth St. NW
`Washington, DC 20005
`dgrossman@wc.com
`dkrinsky@wc.com
`aperlman@wc.com
`Counsel for Patent Owner
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`James P. Leeds (35,241)
`John C. Demeter (30,167)
`ELI LILLY AND COMPANY
`Lilly Corporate Center
`Indianapolis, IN 46285
`leeds_james@lilly.com
`demeter_john_c@lilly.com
`Counsel for Patent Owner
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`Dated: December 7, 2017
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` Thomas J. Parker
`Reg. No. 42,062
`thomas.parker@alston.com
`Alston & Bird LLP
`90 Park Avenue, 15th Floor
`New York, NY 10016
`P: 212-210-9529/F: 212-210-9444
`Counsel for Mylan Laboratories Limited
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`Respectfully Submitted,
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`/Cynthia Lambert Hardman/
`Cynthia Lambert Hardman (53,179)
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