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Paper No. 5
`Filed: January 12, 2016
`
`
`
`
`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
`________________
`
`PATENT OWNER’S MANDATORY NOTICES
`UNDER 35 U.S.C. §§ 311-319 AND 37 C.F.R. §§ 42.8, 42.100 ET. SEQ.
`
`
`
`
`
`

`
`Case IPR2016-00379
`Patent 6,545,040
`Patent Owner Mandatory Notices
`
`
`REAL PARTIES-IN-INTEREST
`
`Pursuant to the requirements of 37 C.F.R. § 42.8(b)(1), the undersigned state
`
`that Forest Laboratories Holdings Limited (“Forest”) is the real party-in-interest.
`
`Forest Laboratories Holdings Limited is a subsidiary of Forest Laboratories, LLC
`
`and an affiliate of Actavis, Inc. and Allergan, Inc., all of which are subsidiaries of
`
`Allergan plc. Forest Laboratories Holdings Limited is an Irish corporation, having
`
`a principal place of business at Cumberland House, 1 Victoria Street, Hamilton
`
`HM11, Bermuda.
`
`On March 30, 2012, Janssen Pharmaceutica NV (“Janssen”) assigned U.S.
`
`Patent No. 6,545,040 (the “’040 patent”) to Forest pursuant to the Assignment
`
`recorded with the United States Patent and Trademark Office on April 5, 2012, at
`
`Reel 27995, Frame 511. Since March 30, 2012, Forest has been, and continues to
`
`be, the ’040 patent’s sole owner.
`
`RELATED MATTERS
`
`Pursuant to 37 C.F.R. § 42.8(b)(2), the undersigned state that the ’040 patent
`
`was the subject of patents litigations, which are now closed: In Re: Nebivolol
`
`(’040) Patent Litigation, Civil Action No. 12-cv-5026 (EEB) (JC) (N.D. Ill.),
`
`including member cases Civil Action Nos. 12-cv-1855 and 12-cv-5030.
`
`1
`
`

`
`The ’040 patent was the subject of ex parte reexamination proceeding
`
`Case IPR2016-00379
`Patent 6,545,040
`Patent Owner Mandatory Notices
`
`
`90/008,356, which is now concluded.
`
`LEAD COUNSEL AND BACK-UP COUNSEL (37 C.F.R. § 42.8(b)(3))
`
`
`Lead Counsel:
`Contact Information:
`
`
`Back-Up Counsel:
`Contact Information:
`
`
`
`Jeffrey P. Kushan (Reg. No. 43,401)
`Sidley Austin LLP
`1501 K Street, N.W.
`Washington, DC 20005
`jkushan@sidley.com
`(202) 736-8914
`
`Todd L. Krause (Reg. No. 48,860)
`Sidley Austin LLP
`787 Seventh Avenue
`New York, NY 10019
`tkrause@sidley.com
`(212) 839-5696
`
`2
`
`

`
`Case IPR2016-00379
`Patent 6,545,040
`Patent Owner Mandatory Notices
`
`
`SERVICE INFORMATION
`
`Pursuant to 37 C.F.R. § 42.8(b)(4), please direct all correspondence to lead
`
`and back-up counsel at the above addresses. Patent Owner consents to email
`
`service at the above-specified email addresses.
`
`
`
`Date: January 12, 2016
`
`
`
` Respectfully submitted,
`
`By: /s/Jeffrey P. Kushan/
`Jeffrey P. Kushan (Reg No. 43,401)
`Sidley Austin LLP
`1501 K Street NW
`Washington, DC 20005
`jkushan@sidley.com
`
`Todd L. Krause (Reg No. 48,860)
`Sidley Austin LLP
`787 Seventh Avenue
`New York, NY 10019
`tkrause@sidley.com
`
`Attorneys for Forest Laboratories
`Holdings Limited
`
`
`
`3
`
`

`
`
`
`
`
`
`
`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
`________________
`
`CERTIFICATE OF SERVICE
`
`
`
`
`
`
`
`

`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned hereby certify that
`
`PATENT OWNER’S MANDATORY NOTICES and POWER OF ATTORNEY
`
`were served on January 12, 2016 by filing these documents through the Patent
`
`Review Processing System, as well as e-mailing copies to:
`
`Barry J. Bumgardner (LDPFC@nelbum.com, barry@nelbum.com)
`Brent N. Bumgardner (brent@nelbum.com)
`John Murphy (murphy@nelbum.com)
`Donald Puckett (puckett@nelbum.com)
`
`
` Respectfully submitted,
`
`By: /s/Jeffrey P. Kushan/
`Jeffrey P. Kushan
`
`
`Date: January 12, 2016

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