`Tel: 571-272-7822
`
`Entered: November 14, 2017
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`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`MYLAN LABORATORIES LIMITED,
`Petitioner,
`
`v.
`
`AVENTIS PHARMA S.A.,
`Patent Owner.
`_____________
`
`Case IPR2016-00712
`Patent 8,927,592 B2
`______________
`
`
`
`Before TINA E. HULSE and CHRISTOPHER M. KAISER, Administrative
`Patent Judges.
`
`HULSE, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`
`
`
`
`IPR2016-00712
`Patent 8,927,592 B2
`
`
`Aventis Pharma S.A. (“Patent Owner”) moves to have the complete
`record of this inter partes review proceeding preserved pending a possible
`appeal, including all sealed documents in non-public form. Paper 101, 1.
`Patent Owner represents that Petitioner does not oppose its motion. Id.
`Patent Owner notes that our rules indicate that sealed information will
`ordinarily become public 45 days after final judgment in a trial, unless a
`motion to expunge is filed. Id. at 3 (citing Office Patent Trial Practice
`Guide, 77 Fed. Reg. 48,756, 48,761; 37 C.F.R. § 42.56). The deadline to
`file a notice of appeal under 37 C.F.R. § 90.3(a)(1), however, is 63 days
`from the Final Written Decision. Id. Thus, the deadline for filing a motion
`to expunge is before the deadline for filing a notice of appeal. Patent Owner
`therefore requests that (1) the entire record be preserved pending any appeal
`and (2) the deadline for filing a motion to expunge be extended to 45 days
`from the conclusion of any appeals in this proceeding. Id. at 5.
`We grant Patent Owner’s motion to preserve the record pending a
`possible appeal, including all sealed documents in non-public form.1 We
`further grant Patent Owner’s request to extend the deadline to file a motion
`to expunge to 45 days after the conclusion of any appeal.
`
`
`
`
`
`
`
`1 Patent Owner is correct that our Decision on Motions to Seal (Paper 100)
`included the sealing of Exhibit 1068.
`
`
`
`2
`
`
`
`IPR2016-00712
`Patent 8,927,592 B2
`
`
`Accordingly, it is
`ORDERED that Patent Owner’s motion to preserve the record
`pending possible appeal is granted;
`FURTHER ORDERED that the record in IPR2016-00712 will be
`preserved in its current form, and the documents filed under seal will not be
`expunged or made public during the pendency of any appeal;
`FURTHER ORDERED that no later than 45 days after the conclusion
`of any appeal or 45 days after the time for appeal has expired, if the
`proceeding has not been appealed, either party may contact the Board for
`authorization to file a motion to expunge the confidential information filed
`under seal in this proceeding;
`FURTHER ORDERED that if neither party contacts the Board as
`required herein, the expectation is that the information filed under seal will
`be made public in due course.
`
`
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`
`3
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`
`
`IPR2016-00712
`Patent 8,927,592 B2
`
`
`
`
`
`
`
`For PETITIONER:
`
`Steven W. Parmelee
`Michael T. Rosato
`Jad A. Mills
`Matthew R. Reed
`Wendy L. Devine
`Nellie J. Amjadi
`WILSON SONSINI GOODRICH & ROSATI
`sparmelee@wsgr.com
`mrosato@wsgr.com
`jmills@wsgr.com
`mreed@wsgr.com
`wdevine@wsgr.com
`namjadi@wsgr.com
`
`
`For PATENT OWNER:
`
`Dominic A. Conde
`Whitney L. Meier
`William E. Solander
`Joshua I. Rothman
`FITZPATRICK CELLA HARPER & SCINTO
`dconde@fchs.com
`wmeier@fchs.com
`wsolander@fchs.com
`jrothman@fchs.com
`
`
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`4
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