`571-272-7822
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`Paper No. 3
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`LOWER DRUG PRICES FOR CONSUMERS, LLC,
`Petitioner,
`
`v.
`
`FOREST LABORATORIES HOLDINGS LIMITED,
`Patent Owner.
`____________
`
`Case IPR2016-00379
`Patent 6,545,040
`____________
`
`Mailed: January 4, 2016
`
`Before Alexander C. Levy, Trial Paralegal
`
`
`NOTICE OF FILING DATE ACCORDED TO PETITION
`AND
`TIME FOR FILING PATENT OWNER PRELIMINARY RESPONSE
`
`The petition for “inter partes review,” filed in the above proceeding
`has been accorded the filing date of December 22, 2015.
`A review of the petition identified the following defects:
`
`
`
`Case IPR2016-00379
`Patent 6,545,040
`Exhibits 1001-53 are labeled improperly with the name “Petitioner”
`vice the actual name of the petitioner. See 37 C.F.R. § 42.63(d). Correction
`is required. Petitioner may submit a written request to trials@uspto.gov to
`have these exhibits expunged specifically identifying the exhibit to be
`expunged (e.g., by the name given to the exhibit in the Patent Review
`Processing System (PRPS) and/or by the date the exhibit was filed).
`Further, Petitioner improper used claim charts in its brief, to include
`arguments, legal conclusions, claim construction, and more than mere
`citations to expert declarations. See 37 C.F.R. § 42.6(a)(2)(iii). Correction
`is required.
`Petitioners must correct these defects within FIVE BUSINESS DAYS
`from this notice. Failure to correct the defect may result in an order to show
`cause as to why the Board should institute the trial. No substantive changes
`(e.g., new grounds) may be made to the petition.
`Patent Owner may file a preliminary response to the petition no later
`than three months from the date of this notice. The preliminary response is
`limited to setting forth the reasons why the requested review should not be
`instituted. Patent Owner may also file an election to waive the preliminary
`response to expedite the proceeding. For more information, please consult
`the Office Patent Trial Practice Guide, 77 Fed. Reg. 48756 (Aug. 14, 2012),
`which is available on the Board Web site at http://www.uspto.gov/PTAB.
`Patent Owner is advised of the requirement to submit mandatory
`notice information under 37 C.F.R. § 42.8(a)(2) within 21 days of service of
`the petition.
`The parties are encouraged to use the heading on the first page of this
`Notice for all future filings in the proceeding.
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`2
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`Case IPR2016-00379
`Patent 6,545,040
`The parties are advised that under 37 C.F.R. § 42.10(c), recognition of
`counsel pro hac vice requires a showing of good cause. The parties are
`authorized to file motions for pro hac vice admission under 37 C.F.R.
`§ 42.10(c). Such motions shall be filed in accordance with the “Order --
`Authorizing Motion for Pro Hac Vice Admission” in Case IPR2013-00639,
`Paper 7, a copy of which is available on the Board Web site under
`“Representative Orders, Decisions, and Notices.”
`The parties are reminded that unless otherwise permitted by 37 C.F.R.
`§ 42.6(b)(2), all filings in this proceeding must be made electronically in the
`Patent Review Processing System (PRPS), accessible from the Board Web
`site at http://www.uspto.gov/PTAB. To file documents, users must first
`obtain a user ID and password by registering with PRPS. Information
`regarding how to register with and use PRPS is available at the Board Web
`site.
`
`If there are any questions pertaining to this notice, please contact
`Alexander C. Levy at 571-272-0382 or the Patent Trial and Appeal Board at
`571-272-7822.
`
`PETITIONER:
`Barry J. Bumgardner
`Brent N. Bumgardner
`John Murphy
`Donald Puckett
`
`barry@nelbum.com
`brent@nelbum.com
`murphy@nelbum.com
`puckett@nelbum.com
`LDPFC@nelbum.com
`
`
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`Case IPR2016-00379
`Patent 6,545,040
`PATENT OWNER:
`Forest Laboratories Holdings, Ltd.
`Robert L. Minier
`Johnson & Johnson
`One Johnson & Johnson Plaza
`New Brunswick NJ 08933-7003
`
`Forest Laboratories Holdings, Ltd.
`ATTN: General Counsel
`Cumberland House
`1 Victoria Street
`Hamilton HM11, Bermuda
`
`Forest Laboratories, LLC
`ATTN: General Counsel
`Morris Corporate Center III
`400 Interpace Parkway
`Parsippany, NJ 07054
`
`David T. Pritikin
`Sidley Austin LLP
`One South Dearborn
`Chicago, Illinois 60603
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