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`Paper No. __
`Date Filed: November 17, 2017
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`Filed on behalf of: Aventis Pharma S.A.
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`By:
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`Dominick A. Conde
`dconde@fchs.com
`(212) 218-2100
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________
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`MYLAN LABORATORIES LIMITED
`Petitioner,
`v.
`AVENTIS PHARMA S.A.
`Patent Owner.
`________________
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`Case IPR2016-00712
`U.S. Patent No. 8,927,592
`________________
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`PATENT OWNER’S NOTICE OF APPEAL
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`Notice is hereby given, pursuant to 37 C.F.R. § 90.2(a) and 35 U.S.C. § 142,
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`that Patent Owner Aventis Pharma S.A. (“Aventis”) appeals to the United States
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`Court of Appeals for the Federal Circuit from the Final Written Decision of the
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`Patent Trial and Appeal Board (“Board”) in Case IPR2016-00712 entered on
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`September 21, 2017 (Paper 99) (“Final Written Decision”), and from all underlying
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`orders, decisions, rulings and opinions, including without limitation the Decision
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`Instituting Inter Partes Review entered on September 22, 2016 (Paper 9)
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`(“Institution Decision”).
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`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Aventis indicates that the
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`issues on appeal are: the Board’s determination of unpatentability of claims 21 and
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`30 of U.S. Patent No. 8,927,592 (“the ’592 patent”) under 35 U.S.C. § 103,
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`including the Board’s determination and application of its construction of terms in
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`those claims; the Board’s denial of Patent Owner’s Contingent Motion to Amend
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`claims 27-30 with proposed substitute claims 31-34, including the Board’s
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`determination and application of its construction of terms in proposed substitute
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`claims 31-34; the constitutionality of the inter partes review proceeding as raised
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`in Oil States Energy Services, LLC v. Greene’s Energy Group, 639 F. App’x 639
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`(Fed. Cir. May 4, 2016) cert. granted, 85 U.S.L.W. 3578 (U.S. June 12, 2017) (No.
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`16-712) that the Board’s findings in this proceeding and this proceeding itself
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`violate due process; and any finding or determination supporting or related to these
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`issues, as well as all other issues decided adversely to Aventis in any orders,
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`decisions, rulings and opinions, all of which, taken together or independently,
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`caused prejudicial harm to Aventis related to these issues.
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`Simultaneous with this submission to the Director of the United States
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`Patent and Trademark Office, a copy of this Notice of Appeal is being filed
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`electronically with the Patent Trial and Appeal Board. In addition, a copy of this
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`Notice of Appeal is being filed with the Clerk’s Office for the United States Court
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`of Appeals for the Federal Circuit, along with the required docketing fee.
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`November 17, 2017
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`Respectfully submitted,
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` /Dominick A. Conde/
`Dominick A. Conde (Reg. No. 33,856)
`FITZPATRICK, CELLA, HARPER & SCINTO
`1290 Avenue of the Americas
`New York, NY 10104-3800
`Tel: (212) 218-2100
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`Attorney for Patent Owner,
`Aventis Pharma S.A.
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`CERTIFICATE OF FILING
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`I certify that the foregoing PATENT OWNER’S NOTICE OF APPEAL was
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`filed electronically through the PTAB E2E System, and the original version was
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`served by Priority Mail Express on November 17, 2017 with the Director of the
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`United States Patent and Trademark Office, at the following address:
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`Office of the General Counsel
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
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`CERTIFICATE OF FILING
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`I certify that a true and correct copy of the foregoing PATENT OWNER’S
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`NOTICE OF APPEAL, along with the required $500 filing fee, was filed
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`electronically by CM/ECF on November 17, 2017, and that a paper copy of the
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`foregoing PATENT OWNER’S NOTICE OF APPEAL was filed by Priority Mail
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`Express with the Clerk’s Office of the United States Court of Appeals for the
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`Federal Circuit, at the following address:
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`United States Court of Appeals for the Federal Circuit
`717 Madison Place NW, Suite 401
`Washington, DC 20439
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e)(4), I certify that a true and correct copy of
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`the foregoing PATENT OWNER’S NOTICE OF APPEAL was served on
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`November 17, 2017 by causing it to be sent by email to counsel for Petitioner at
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`the following email addresses:
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`sparmelee@wsgr.com
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`mrosato@wsgr.com
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`jmills@wsgr.com
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`mreed@wsgr.com
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`namjadi@wsgr.com
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`wdevine@wsgr.com
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`November 17, 2017
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`Respectfully submitted,
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` /Dominick A. Conde/
`Dominick A. Conde (Reg. No. 33,856)
`FITZPATRICK, CELLA, HARPER & SCINTO
`1290 Avenue of the Americas
`New York, NY 10104-3800
`Tel: (212) 218-2100
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`4
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