`Tel: 571-272-7822
`
`
`Paper 15
`Entered: October 26, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`INTELGENX CORPORATION,
`Petitioner,
`
`v.
`
`ICOS CORPORATION,
`Patent Owner.
`____________
`
`Case IPR2016-00678
`Patent 6,943,166 B1
`_______________
`
`
`Before SHERIDAN K. SNEDDEN, SUSAN L. C. MITCHELL, and
`ZHENYU YANG, Administrative Patent Judges.
`
`YANG, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`
`IPR2016-00678
`Patent 6,943,166 B1
`
`
`IntelGenX Corporation (“Petitioner”) filed a Petition to institute an
`inter partes review of claims 112 of U.S. Patent No. 6,943,166 B1. On
`September 1, 2016, we denied the Petition. Paper 13 (“Dec.”). On October
`3, 2016, Petitioner filed a Request for Rehearing under 37 C.F.R. §42.71.
`Paper 14.
`ICOS Corporation (“Patent Owner”) is hereby authorized to file a
`responsive brief. The brief shall not exceed ten pages in length, and is
`limited to addressing Petitioner’s argument that:
`[B]ecause the SNDA taught “single doses” per day, Petition at
`41, the unit dosage and the maximum daily total were one and
`the same in the SNDA. Thus, the Petitioner pointed to the size
`of the “single” dose in the SNDA to account for both the unit
`dose and the maximum total dose per day.
`Id. at 10. Patent Owner is not authorized to file additional supporting
`evidence, such as declaratory testimony, with the brief.
`
`Accordingly, it is
`ORDERED that Patent Owner is authorized to file a brief in response
`to Petitioner’s Request for Rehearing;
`FURTHER ORDERED that the brief shall not exceed ten pages in
`length and must be filed within ten business days after entry of this Order;
`FURTHER ORDERED that no additional supporting evidence is
`authorized with the brief; and
`FURTHER ORDERED that no further briefing is authorized at this
`
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`time.
`
`
`
`
`
`IPR2016-00678
`Patent 6,943,166 B1
`
`PETITIONER:
`
`Patrick Doody
`Bryan Collins
`PILLSBURY WINTHROP SHAW PITTMAN LLP
`patrick.doody@pillsburylaw.com
`bryan.collins@pillsburylaw.com
`
`
`PATENT OWNER:
`
`Mark Feldstein
`Joshua Goldberg
`Yieyie Yang
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP
`mark.feldstein@finnegan.com
`joshua.goldberg@finnegan.com
`yieyie.yang@finnegan.com
`
`Mark Stewart
`Dan Wood
`ELI LILLY AND COMPANY
`stewart_mark@lilly.com
`wood_dan_l@lilly.com
`
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