UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`AUROBINDO PHARMA U.S.A., INC.,
`
`Petitioner,
`
`V.
`
`ASTRAZENECA AB,
`Patent Owner.
`
`Case IPR2016—01117
`
`Patent No. RE44,186
`
`NOTICE OF JOINT STIPULATION REGARDING JOINDER
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`AUROBINDO PHARMA U.S.A., INC.,
`
`Petitioner,
`
`V.
`
`ASTRAZENECA AB,
`Patent Owner.
`
`Case IPR2016—01117
`
`Patent No. RE44,186
`
`NOTICE OF JOINT STIPULATION REGARDING JOINDER
`
`
`
`I.
`
`Introduction
`
`Following Patent Owner AstraZeneca AB’s (“AstraZeneca”) filing of its
`
`opposition (Paper 8) to Petitioner Aurobindo Pharma U.S.A., lnc.’s (“Aurobindo”)
`
`motion to join (Paper 3) the instituted IPR20l5-01340, Mylan Pharms. Inc, v.
`
`AStraZeneca AB (the “proceeding”), the parties met and conferred as to the level of
`
`cooperation between Aurobindo and Mylan that will be maintained if Aurobindo’s
`
`motion for joinder was granted. Aurobindo notified AstraZeneca that
`
`it has
`
`reached an agreement with Mylan and, by this notice, stipulates that if joinder is
`
`granted, that it will cooperate with Mylan and any other joined party to provide a
`
`single voice in the joined proceeding, whether at hearings, at depositions,
`
`in
`
`filings, or otherwise.
`
`II.
`
`Aurobindo’s Stipulation
`
`Aurobindo agrees to share the use of Mylan’s experts with Mylan, the “Lead
`
`Petitioner,” and all joined petitioners in this IPR proceeding. As long as Mylan is a
`
`party to the proceeding, Aurobindo will:
`
`0
`
`0
`
`0
`
`coordinate any communications with Mylan’s experts through Mylan;
`
`not produce their own testifying witness; and
`
`not file substantive papers (except for those associated with Board
`
`approved motions that do not affect Mylan or Mylan’s position).
`
`
`
`Case No. IPR2016-01117
`Patent No. RE44,l86
`
`Aurobindo will confer and cooperate with Mylan and all joined petitioners
`
`on the consolidated filings but, as long as Mylan is a party to the review, Mylan
`
`will make all final decisions and will retain responsibility for oral argument
`
`(including telephone hearings and appeals). Aurobindo will not seek or receive
`
`separate time and will not separately argue during oral argument,
`
`including
`
`telephone hearings and appeals, except when addressing Board—approved motions
`
`that do not affect Mylan or Mylan’s position.
`
`Aurobindo will coordinate the discovery and testimony relating to witnesses
`
`with Mylan and all joined petitioners but, as long as Mylan is a party to the review,
`
`Mylan will make all final decisions. In particular, as long as Mylan is a party to the
`
`review, Aurobindo will not separately file or serve objections or discovery
`
`requests, will not receive separate cross examination or redirect time, will not
`
`separately cross examine or redirect any witness, and it stipulates that cross
`
`examinations will occur within the timeframe normally allotted to one party
`
`without a need for extension in light of the j oinder.
`
`Whether Mylan remains a party or not, Aurobindo will not actively seek to
`
`change the opinion of Mylan’s current expert (Dr. Rotella) or present attorney
`
`arguments that contradict Dr. Rotella’s opinions or the positions taken by Mylan in
`
`the copending litigation.
`
`
`
`Case No. IPR20l6—Ol l 17
`
`Patent No. RE44,l86
`
`If Mylan is no longer a party to the proceeding, Aurobindo shall meet and
`
`confer with the remaining joined parties, if any, to select a new Lead Petitioner.
`
`Any such new Lead Petitioner will effectively take Mylan’s place in this
`
`proceeding and Aurobindo will continue to be bound hereby.
`
`Nothing is this Notice of Stipulation Regarding Joinder is intended to limit
`
`the evidence the Board may consider pursuant to Genzyme Therapeutic Partners
`
`Products LP v. Biomarin Pharma, Ltd, __ F.3d
`
`(Fed. Cir. June 14, 2016).
`
`III.
`
`Patent Owner’s Stipulation
`
`AstraZeneca has advised Aurobindo that it maintains that joinder is not
`
`proper for the reasons provided in its opposition to the motion for joinder. If
`
`joinder is granted, AstraZeneca stipulates that it will not request any additional
`
`level of cooperation other than that specified in the previous section.
`
`
`
`Respectfully submitted,
`Dated:
`}27, 2016
`
`Dated: A\Ifl).Zf(2016
`
`Case No. IPR2016—01117
`
`Patent No. RE44,186
`
` By:
`flnflR 4? //g,.}M,Reg. No.
`4/.2: 4'4 7,
`
`Finne an, Henderson, Farabow,
`Garrett & Dunner, L.L.P.
`
`901 New York AVe., NW
`
`Washington, DC 20001
`
`Counselfor Patent Owner in
`IPR201 6-0111 7
`
`gwtPa<9
`§A§\fl$\n ?ox’“’~\, Reg. No. L! b! ol?Z
`
`Schiff Hardin LLP
`
`233 South Waoker Drive, Suite 6600
`
`Chicago, IL 60606
`
`Counselfor Petitioner in
`IPR2016-0111 7
`
`
`
`Case IPR2016-01117
`U.S. Patent No. RE44,186
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that a copy of the foregoing Notice of Joint
`
`Stipulation Regarding Joinder was served by electronic mail on this 29th day of
`August, 2016 on Petitioner’s counsel of record as follows:
`
`Sailesh K. Patel
`SCHIFF HARDIN LLP
`233 South Wacker Drive, Suite 6600
`Chicago, IL 60606
`SPatel@schiffhardin.com
`
`
`George C. Yu
`SCHIFF HARDIN LLP
`One Market Plaza
`Spear Street Tower, #3200
`San Francisco, CA 94105
`GYu@schiffhardin.com
`
`
`
`Dated: August 29, 2016
`
`
`
`
`
`/ John W. Kozikowski /
`
`
`
`
`
`
`
`
`
`Litigation Legal Assistant
`Finnegan, Henderson, Farabow, Garrett &
`Dunner, L.L.P.
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