`
` Date filed: June 16, 2017
`
`
`
`Filed on behalf of: Acrux DDS Pty Ltd. and Acrux Limited
`
`
`By: E. Anthony Figg, Lead Counsel
` Aydin H. Harston, Backup Counsel
` ROTHWELL, FIGG, ERNST & MANBECK, P.C.
` 607 14th St., N.W., Suite 800
`
` Washington, DC 20005
` Phone: 202-783-6040
` Fax: 202-783-6031
` Emails: efigg@rfem.com
`
`
` aharston@rfem.com
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`ACRUX DDS PTY LTD. AND ACRUX LIMITED,
`Petitioner,
`
`v.
`
`KAKEN PHARMACEUTICAL CO., LTD. and
`VALEANT PHARMACEUTICALS INTERNATIONAL, INC.,
`Patent Owner.
`_______________
`
`Case IPR2017-00190
`Patent 7,214,506 B2
`_______________
`
`
`PETITIONER’S SUBMISSION OF TRANSCRIPT OF
`JUNE 13, 2017 CONFERENCE CALL
`
`
`
`
`
`
`
`
`
`
`
`Case IPR2017-00190
`Patent 7,214,506 B2
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`PO Box 1450
`Alexandria, Virginia 22313–1450
`Submitted Electronically via the PTAB E2E System
`
`Your Honors:
`
`As discussed during Tuesday’s telephone conference, Petitioners Acrux
`
`DDS Pty LTD. & Acrux Limited hereby submit the attached transcript of the June
`
`13, 2017 telephone conference.
`
`
`
`
`
`
`
`Date: June 16, 2017
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`By:
`
`
`/ Aydin H. Harston /
`
`E. Anthony Figg, Reg. No. 27,195
`Aydin H. Harston, Reg. No. 65,249
`ROTHWELL, FIGG, ERNST & MANBECK, P.C.
`607 14th St., N.W., Suite 800
`Washington, DC 20005
`Phone: 202-783-6040; Fax: 202-783-6031
`
`Counsel for Petitioners
`
`
`
`
`
`
`
`
`
`2
`
`
`
`CERTIFICATE OF SERVICE
`
`Case IPR2017-00190
`Patent 7,214,506 B2
`
`I, hereby certify that a true copy of the foregoing PETITIONER’S
`
`SUBMISSION OF TRANSCRIPT OF JUNE 13, 2017 CONFERENCE
`
`CALL, was served via electronic mail this 16th day of June, 2017, on the following
`
`counsel of record for Patent Owners Kaken Pharmaceutical Co., Ltd. and Valeant
`
`Pharmaceuticals International, Inc.:
`
`John D. Livingstone, Esq.
`Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P.
`271 17th Street, NW, Suite 1400
`Atlanta, GA 30363-6209
`Emails: john.livingstone@finnegan.com
`KakenIPR@finnegan.com
`
`Naoki Yoshida
`Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P.
`901 New York Ave., NW
`Washington, DC 20001-4413
`Email: naoki.yoshida@finnegan.com
`
`Toan P. Vo
`Valeant Pharmaceuticals North America LLC
`1400 N. Goodman Street
`Rochester, New York 14609
`Email: toan.vo@bausch.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`By:
`
`
`
`
`
`
`/ Erik van Leeuwen /
`Erik van Leeuwen
`Litigation Operations Coordinator
`ROTHWELL, FIGG, ERNST & MANBECK, P.C.
`
`
`
`
`
`3
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Page 1
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
` BEFORE PATENT TRIAL AND APPEAL BOARD
`
` ACRUX DDS PTY LTD. & ACRUX LIMITED,
` Petitioners,
` v.
` KAKEN PHARMACEUTICAL CO., LTD., and
`VALEANT PHARMACEUTICALS INTERNATIONAL, INC.
` Patent Owner and Licensee.
`
` Case IPR2017-00190
` U.S. Patent 7,214,506
`__________________________________________
`
` Teleconference
` New York, New York
` June 13, 2017
` 2:30 p.m.
`
` Transcript of Proceedings
` * * *
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`12
`
`34
`
`56
`
`7
`8
`9
`10
`11
`12
`13
`14
`
`15
`
`16
`17
`
`18
`19
`20
`21
`22
`23
`24
`25
`
`
`
`Page 2
`
`A P P E A R A N C E S:
`Presiding:
` The Honorable SUSAN MITCHELL,
` Administrative Patent Judge
`
`Attorneys for Petitioner:
` E. ANTHONY FIGG, ESQ.
` AYDIN H. HARSTON, ESQ.
` Rothwell, Figg, Ernst & Manbeck, P.C.
` 607 14th Street, N.W., Suite 800
` Washington, DC 20005
`
`Attorneys for Patent Owner:
` JOHN D. LIVINGSTONE, ESQ.
` Finnegan, Henderson, Farabow, Garrett
` & Dunner, LLP
` 271 17th Street, NW, Suite 1400
` Atlanta, Georgia 30363-6209
`
`ALSO PRESENT:
` JUDGE SCOTT BOALICK
` JUDGE BEVERLY FRANKLIN
` * * *
`
`12
`
`3
`4
`
`56
`
`7
`
`8
`
`9
`10
`11
`12
`
`13
`
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`
`
`Page 3
`
` -Proceedings-
` HON. MITCHELL: Good afternoon,
` everyone. My name is Judge Mitchell
` and on the phone with me is Judges
` Franklin and Boalick. We are here
` today for a conference call in
` IPR2017-00190. Before we get started
` if I could get a roll call beginning
` with Petitioner. Who is on the line
` for the Petitioner?
` MR. FIGG: Good afternoon, Your
` Honor. This is Tony Figg from
` Rothwell Figg and with me is Aydin
` Harston for the Petitioner.
` HON. MITCHELL: Great. Thank
` you.
` MR. FIGG: By the way, there's a
` court reporter on the line as well.
` HON. MITCHELL: Great. Thank
` you so much. Can I trust, Mr. Figg,
` that you will get the transcript filed
` in the IPR when it's available?
` MR. FIGG: We certainly will.
` Thank you.
` HON. MITCHELL: Thank you. And
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`
`
`Page 4
`
` -Proceedings-
` let me see who is on the line for the
` Patent Owner?
` MR. LIVINGSTONE: Good
` afternoon, Your Honor. My name is
` John Livingston from Finnegan and
` joining me today is my partner from
` our Tokyo office Naoki Yoshida from
` very early in the morning on the other
` side of the world.
` HON. MITCHELL: Great. And
` welcome to both of you. This is a
` conference call that was sought by the
` Petitioners regarding a possible
` motion to stay prosecution of a
` reissue application pending resolution
` of this IPR. And that application is
` No. 16-405171 filed on January 12,
` 2017. So with that in mind because
` the Petitioner has asked for the call,
` I will start with Petitioner.
` MR. FIGG: Thank you, Your
` Honor. This is Tony Figg. As you may
` recall in the telephone conference
` that we had on February 21st which was
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`
`
`Page 5
`
` -Proceedings-
` pre-institution we had raised this
` issue. The Patent Owner had filed a
` reissue application after our IPR
` petition was filed. And so we raised
` this issue during our initial phone
` conference and the Board -- and if you
` want to refer to the transcript, it's
` around page 32 and 33 -- said that the
` request was premature because the IPR
` had not yet been instituted and that
` the Petitioner could raise this issue
` again when and if institution
` occurred. And Patent Owner also made
` that argument that our Petition was
` premature.
` So the IPR has now been
` instituted, so we are raising this
` point again. The reissue application
` that has been filed contains two
` claims that are identical or virtually
` identical to claims that are subject
` to review in the IPR and it contains
` other claims that are dependant on
` them and may very well suffer whatever
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`
`
`Page 6
`
` -Proceedings-
` fate the claims that are being
` reviewed suffer. And so it's our view
` that this reissue proceeding should be
` stayed to avoid duplication of efforts
` in the patent office to avoid
` potentially inconsistent results and
` to avoid, you know, unnecessary
` activities by the parties as well.
` We have looked, you know, at the
` Board's prior decisions on this issue.
` We have been unable to find any case
` in which a request to stay proceedings
` on a reissue application that was
` filed after the IPR petition was filed
` has been denied. There are a number
` of cases in which the Board has
` granted that request, and I can just
` quickly name a few for the record.
` Demurrer versus Pure Form which
` is IPR2015-01593, Legend 3D versus
` Prime Focus which is IPR 2016-00806,
` GEOSYS International versus Farmer's
` Edge Precision Consulting which is IPR
` 2015-00709, Unified Patents Inc.
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`
`
`Page 7
`
` -Proceedings-
` Versus IMTX Strategic which is
` IPR2015-01061.
` So we think what we are asking
` the Board to do here is very
` conventional, and we think it will
` make life easier for the Board as well
` as the parties.
` HON. MITCHELL: Great. Let me
` ask you one question, are there any
` claims involved in the issue that are
` not similar to the claims that are in
` the IPR, the instituted IPR?
` MR. FIGG: We think that all of
` the claims are similar. Certainly
` they have introduced claims that have
` additional limitations or are
` different, but I think it begs the
` question of what would be the fate of
` those claims. For example, if the
` Board were to determine that the basic
` claims covering the invention were
` held to be unpatentable, that the
` cover -- the method were held to be
` unpatentable, is there anything in
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`
`
`Page 8
`
` -Proceedings-
` these dependant claims that would not
` also fall as a result of the estoppel
` provisions. And, you know, that is
` exactly the kind of issue I think that
` should be addressed after the IPR has
` been decided.
` HON. MITCHELL: Okay. Let me
` hear from the Patent Owner.
` MR. LIVINGSTONE: Thank you,
` Your Honor. This is John Livingstone.
` We oppose Petitioner's request to
` brief this issue frankly because we
` believe it's the resources of the
` parties and the Board for some of the
` reasons that you just questioned and
` mentioned.
` First, the Board has stated a
` number of times that it will not
` ordinarily stay an reissue application
` in the absence of good cause because
` reissues are given special status.
` And as Mr. Figg just pointed out, in
` determining whether good cause exists
` the Board typically looks to whether
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`
`
`Page 9
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` -Proceedings-
` the proceedings will render
` inconsistent decisions will result in
` a duplication of efforts. Those
` concerns we believe do not exist here
` because the claims in the IPR and the
` claims in the reissue are not
` identical.
` And while Mr. Figg says there
` are others claims in the reissue
` application, there are 31 additional
` dependant claims in the reissue
` application that introduce patently
` distinct elements that are not
` addressed by Petitioner and are very
` different from the elements in the
` institution decision.
` And so quite frankly, just
` because there's no chance of
` inconsistent judgements or of a
` duplication of efforts, we believe
` this distinction alone should
` foreclose a motion to stay counsel
` against briefing the issue.
` HON. MITCHELL: Okay. Thank
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`
`
`Page 10
`
` -Proceedings-
` you.
` Petitioner, would you like to
` have the last word in response?
` MR. FIGG: Well, I would. And,
` you know, we acknowledge that they
` have added a lot of new claims and Mr.
` Livingstone is making the argument now
` that they are patently distinct, but
` that is an issue that is going to
` require him considerable effort to
` decide, and there will be an
` opportunity of deciding that with
` clarity after the fate of the
` claims of the issued patent has been
` decided by the Board.
` For example, as the Board is
` aware that the broad claims here cover
` a method of treating onychomycosis, a
` nail infection by topically applying
` this antifungal compound to the nail.
` They have added claims where they say
` this treatment is a model therapy.
` They have added claims where they
` identify specific organisms which are
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`
`
`Page 11
`
` -Proceedings-
` also identified in the basic patent.
` They added claims that say where in
` the nail is a toenail. They add
` claims wherein the method allegedly
` results in a complete cure.
` These are all things that just
` saying that they are patentably
` distinct doesn't make it so. And I
` think that will be something that will
` be much easier to determine once the
` Board has decided on patentability and
` has explained the bases for its
` decision.
` HON. MITCHELL: Let me ask you
` this, are there claims that are very
` similar between the IPR and the
` reissue proceeding? I mean both of
` you talked about the dates and the
` claims where additional limitations
` are added, but are there really
` overlapping claims between, you know,
` one proceeding and the other where the
` independent claims are very similar?
` MR. FIGG: Yes, Claims 1 and 2
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`
`
`Page 12
`
` -Proceedings-
` are essentially identical. There was
` a change in the chemical nomenclature
` in Claim 2, but there's no indication,
` and I think the Patent Owner would
` agree, they are not trying to claim a
` different compound, it's just
` different chemical nomenclature used
` to describe exactly the same compound.
` So Claims 1 and 2 of the reissue
` application are identical to Claims 1
` and 2 of the issue patent that is
` being reviewed.
` MR. LIVINGSTONE: If I may, Your
` Honor?
` HON. MITCHELL: Sure.
` MR. LIVINGSTONE: I would agree
` with Mr. Figg that Claims 1 and 2 are
` at least in substance identical. Any
` change to the language has been in
` form. The additional 31 claims are
` all dependant claims from Claim 2 that
` add additional limitations to the
` claims.
` HON. MITCHELL: Let me ask you
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`
`
`Page 13
`
` -Proceedings-
` this, Mr. Livingston, how is the
` Patent Owner prejudiced if you did
` have to wait until resolution of the
` IPR to pursue the reissue application?
` MR. LIVINGSTONE: Well, I think
` there's a very serious prejudice to us
` because we expect ANDA litigation on
` these patents next summer, and we
` won't get the decision here until May
` and should the patent claims survive
` or if they go down, either way we can
` move forward with the reissue
` application. But those claims will
` not be in effect at the time of ANDA
` litigation which is a severe prejudice
` to the Patent Owner.
` Also, one of the potential
` things that I have seen in some of the
` cases is that you can consolidate the
` proceedings. Here I don't know that
` that works because adding an
` additional 31 claims to the IPR to
` further burden the parties can present
` time issues. And I know in other IPR
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`
`
`Page 14
`
` -Proceedings-
` decisions that has been a factor that
` the Board has taken into account. And
` one that I wouldn't mind putting in
` the record is IPR2014-00041 in which
` there was a reissue application
` pending when the IPR was instituted
` and there wasn't a first office action
` in it just like the one we have before
` us. There is an additional 19 claims
` and that have passed because they
` believe the newly presented claims
` were not before them and it would
` prejudice the Patent Owner.
` MR. FIGG: Your Honor, this is
` Tony Figg. I think that case if it's
` the same one I am thinking of is very
` distinguishable. The reissue was
` filed before the IPR petition there.
` I believe there was a re-examination
` pending, and there was actually a stay
` that was ordered as a result of the
` re-examine. Mr. Livingstone and I may
` possibly be thinking of different
` cases, but if it's the one, we only
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`
`
`Page 15
`
` -Proceedings-
` found one case in which the reissue
` was not stayed and that was very
` distinguishable and it was a
` prepetition reissue application.
` Every single case where the Board has
` considered this after the petition was
` filed, a reissue application filed
` after the petition was filed has been
` stayed.
` And with respect to the ANDA
` litigation, I mean we are involved in
` ANDA litigation all the time where
` there is a pending reissue
` application. I mean this is not an
` unusual situation for Patent Owners to
` find themselves in if they have claims
` that have some vulnerabilities that
` are going to be exploited by
` Defendants in ANDA litigation.
` MR. LIVINGSTONE: I too have
` been involved in cases where there's a
` pending of reissue and it's a burden
` on the Patent Owner. And we try to
` get all of our patents before we get
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`
`
`Page 16
`
` -Proceedings-
` into the ANDA litigation for just that
` reason.
` MR. FIGG: Well, your Honor, the
` Patent Owner knew that ANDA litigation
` was on the horizon a long time before
` now, and they chose to file their
` reissue application after we filed our
` IPR petition and presumably in
` response to it.
` HON. MITCHELL: Well, thank you
` both. I think we understand the
` issue. Give me one moment, I'm going
` to put you guys on hold and confer
` with the panel, and I will be right
` back.
` (There was a pause in the
` proceeding.)
` HON. MITCHELL: This is Judge
` Mitchell back. I think that the
` issues it sounds like appear close
` enough in the IPR in the reissue that
` we would like to see formal briefing
` on it. So we would, the Panel would
` authorize the motion for stay and
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`
`
`Page 17
`
` -Proceedings-
` limit it to five pages for the opening
` brief, five pages for the responsive
` brief and then three pages for the
` reply brief and hopefully that should
` be sufficient to explain why or
` concretely why that they should or
` shouldn't happen. Any questions from
` the Petitioner?
` MR. FIGG: Just on the timing of
` the briefing, Your Honor.
` HON. MITCHELL: Let me ask what
` the parties would propose.
` MR. FIGG: Well, I guess maybe I
` can ask the Patent Owner for
` clarification. I don't think there's
` been any action on the reissue
` application at all yet, has there?
` MR. LIVINGSTONE: Not that we
` know of.
` MR. FIGG: I think if we could
` have ten days to get our opening brief
` in and have a few days for a reply
` brief, that would be okay for the
` Petitioner.
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`
`
`Page 18
`
` -Proceedings-
` HON. MITCHELL: Okay, 15
` calendar days.
` MR. FIGG: Yes.
` THE HEARING OFFICER: Okay. And
` then Patent Owner would you like ten
` calendar days to respond?
` MR. LIVINGSTONE: Yes, Your
` Honor, we would.
` HON. MITCHELL: Okay. And then
` I would go five calendar days for the
` reply. And I will certainly put this
` in an order so you will know exactly
` when which is always helpful.
` MR. FIGG: Yes, Your Honor.
` HON. MITCHELL: So I think that
` resolves the issues. So, Petitioner,
` do you have anything further?
` MR. FIGG: No, Your Honor.
` Thank you.
` HON. MITCHELL: And Patent
` Owner?
` MR. LIVINGSTONE: No, Your
` Honor. Just thanks everybody for
` their time today.
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`
`
`Page 19
`
` -Proceedings-
` HON. MITCHELL: All right.
` Thank you and we are adjourned.
` MR. FIGG: Thank you.
` MR. LIVINGSTONE: Thank you.
` (Time noted: 2:50 p.m.)
`
`1
`2
`3
`4
`5
`6
`
`789
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`
`
`Page 20
`
` CERTIFICATION
`
` I, Lisa Sansone, a Notary Public for
`and within the State of New York, do
`hereby certify:
` That the within transcript of the
`foregoing proceedings is a true and
`accurate transcription of my stenographic
`notes.
` I further certify that I am not
`related to any of the parties to this
`action by blood or marriage, and that I am
`in no way interested in the outcome of
`this matter.
` IN WITNESS WHEREOF, I have hereunto
`set my hand this 16th day of June, 2017.
`
` <%Signature%>
` _____________________
` LISA SANSONE
` * * *
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`12
`
`34
`
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`
`20
`21
`22
`23
`24
`25
`
`
`
`[& - counsel]
`
`&
`& 1:6 2:8,13
`1
`1 11:25 12:10,11
`12:18
`12 4:18
`13 1:17
`1400 2:13
`14th 2:8
`15 18:2
`16-405171 4:18
`16th 20:17
`17th 2:13
`19 14:10
`2
`2 11:25 12:4,10,12
`12:18,22
`20005 2:9
`2015-00709 6:25
`2016-00806 6:22
`2017 1:17 4:19
`20:17
`21st 4:25
`271 2:13
`2:30 1:17
`2:50 19:6
`3
`30363-6209 2:14
`31 9:11 12:21
`13:23
`32 5:9
`33 5:9
`3d 6:21
`
`6
`
`607 2:8
`
`7
`7,214,506 1:14
`
`8
`
`800 2:8
`
`a
`absence 8:21
`account 14:3
`accurate 20:9
`acknowledge 10:6
`acrux 1:6,6
`action 14:8 17:17
`20:13
`activities 6:9
`add 11:4 12:23
`added 10:7,22,24
`11:3,21
`adding 13:22
`additional 7:17
`9:11 11:20 12:21
`12:23 13:23 14:10
`addressed 8:6
`9:15
`adjourned 19:3
`administrative 2:4
`afternoon 3:2,11
`4:5
`agree 12:6,17
`allegedly 11:5
`anda 13:8,15
`15:11,13,20 16:2,5
`anthony 2:7
`antifungal 10:21
`appeal 1:4
`appear 16:21
`application 4:16
`4:17 5:4,19 6:14
`8:20 9:11,13
`12:11 13:5,14
`14:6 15:5,8,15
`16:8 17:18
`applying 10:20
`
`argument 5:15
`10:8
`asked 4:20
`asking 7:4
`atlanta 2:14
`attorneys 2:6,11
`authorize 16:25
`available 3:22
`avoid 6:5,6,8
`aware 10:18
`aydin 2:7 3:13
`b
`back 16:16,20
`bases 11:13
`basic 7:21 11:2
`beginning 3:8
`begs 7:18
`believe 8:14 9:5,21
`14:12,20
`beverly 2:19
`blood 20:13
`boalick 2:18 3:5
`board 1:4 5:7 6:17
`7:5,7,21 8:15,18
`8:25 10:16,17
`11:12 14:3 15:6
`board's 6:11
`brief 8:13 17:3,4,5
`17:22,24
`briefing 9:24
`16:23 17:11
`broad 10:18
`burden 13:24
`15:23
`
`c
`
`c 2:2
`calendar 18:3,7,11
`call 3:6,8 4:13,20
`case 1:13 6:12
`14:16 15:2,6
`
`Page 1
`
`cases 6:17 13:20
`14:25 15:22
`cause 8:21,24
`certainly 3:23
`7:15 18:12
`certification 20:2
`certify 20:6,11
`chance 9:19
`change 12:3,20
`chemical 12:3,8
`chose 16:7
`claim 12:4,6,22
`claims 5:21,22,24
`6:2 7:11,12,15,16
`7:20,22 8:2 9:6,7
`9:10,12 10:7,15,18
`10:22,24 11:3,5,16
`11:20,22,24,25
`12:10,11,18,21,22
`12:24 13:11,14,23
`14:10,12 15:17
`clarification 17:16
`clarity 10:14
`close 16:21
`complete 11:6
`compound 10:21
`12:7,9
`concerns 9:5
`concretely 17:7
`confer 16:14
`conference 3:6
`4:13,24 5:7
`considerable
`10:11
`considered 15:7
`consolidate 13:20
`consulting 6:24
`contains 5:20,23
`conventional 7:6
`counsel 9:23
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`
`
`[court - international]
`
`court 3:18
`cover 7:24 10:18
`covering 7:22
`cure 11:6
`d
`
`d 2:12
`dates 11:19
`day 20:17
`days 17:22,23 18:3
`18:7,11
`dc 2:9
`dds 1:6
`decide 10:12
`decided 8:7 10:16
`11:12
`deciding 10:13
`decision 9:17
`11:14 13:10
`decisions 6:11 9:3
`14:2
`defendants 15:20
`demurrer 6:20
`denied 6:16
`dependant 5:24
`8:2 9:12 12:22
`describe 12:9
`determine 7:21
`11:11
`determining 8:24
`different 7:18 9:16
`12:7,8 14:24
`distinct 9:14 10:9
`11:9
`distinction 9:22
`distinguishable
`14:18 15:4
`dunner 2:13
`duplication 6:5
`9:4,21
`
`e
`e 2:2,2,7
`early 4:9
`easier 7:7 11:11
`edge 6:24
`effect 13:15
`effort 10:11
`efforts 6:5 9:4,21
`either 13:12
`elements 9:14,16
`ernst 2:8
`esq 2:7,7,12
`essentially 12:2
`estoppel 8:3
`everybody 18:24
`exactly 8:5 12:9
`18:13
`examination 14:20
`examine 14:23
`example 7:20
`10:17
`exist 9:5
`exists 8:24
`expect 13:8
`explain 17:6
`explained 11:13
`exploited 15:19
`f
`factor 14:2
`fall 8:3
`farabow 2:12
`farmer's 6:23
`fate 6:2 7:19 10:14
`february 4:25
`figg 2:7,8 3:11,12
`3:13,17,20,23 4:22
`4:23 7:14 8:23 9:9
`10:5 11:25 12:18
`14:15,16 16:4
`17:10,14,21 18:4
`
`18:15,19 19:4
`file 16:7
`filed 3:21 4:18 5:3
`5:5,20 6:15,15
`14:19 15:8,8,9
`16:8
`find 6:12 15:17
`finnegan 2:12 4:6
`first 8:18 14:8
`five 17:2,3 18:11
`focus 6:22
`foreclose 9:23
`foregoing 20:8
`form 6:20 12:21
`formal 16:23
`forward 13:13
`found 15:2
`franklin 2:19 3:5
`frankly 8:13 9:18
`further 13:24
`18:18 20:11
`g
`garrett 2:12
`georgia 2:14
`geosys 6:23
`give 16:13
`given 8:22
`go 13:12 18:11
`going 10:10 15:19
`16:13
`good 3:2,11 4:4
`8:21,24
`granted 6:18
`great 3:15,19 4:11
`7:9
`guess 17:14
`guys 16:14
`h
`
`h 2:7
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`Page 2
`
`hand 20:17
`happen 17:8
`harston 2:7 3:14
`hear 8:9
`hearing 18:5
`held 7:23,24
`helpful 18:14
`henderson 2:12
`hereunto 20:16
`hold 16:14
`hon 3:2,15,19,25
`4:11 7:9 8:8 9:25
`11:15 12:16,25
`16:11,19 17:12
`18:2,10,16,21 19:2
`honor 3:12 4:5,23
`8:11 12:15 14:15
`16:4 17:11 18:9
`18:15,19,24
`honorable 2:4
`hopefully 17:5
`horizon 16:6
`i
`identical 5:21,22
`9:8 12:2,11,19
`identified 11:2
`identify 10:25
`imtx 7:2
`inconsistent 6:7
`9:3,20
`independent 11:24
`indication 12:4
`infection 10:20
`initial 5:6
`instituted 5:11,18
`7:13 14:7
`institution 5:2,13
`9:17
`interested 20:14
`international 1:10
`6:23
`
`516-608-2400
`
`
`
`[introduce - petition]
`
`introduce 9:13
`introduced 7:16
`invention 7:22
`involved 7:11
`15:12,22
`ipr 3:22 4:17 5:4
`5:10,17,23 6:15,22
`6:24 7:13,13 8:6
`9:6 11:17 13:5,23
`13:25 14:7,19
`16:9,22
`ipr2014-00041
`14:5
`ipr2015-01061 7:3
`ipr2015-01593
`6:21
`ipr2017-00190
`1:13 3:7
`issue 5:3,6,12 6:11
`7:11 8:5,13 9:24
`10:10 12:12 16:13
`issued 10:15
`issues 13:25 16:21
`18:17
`
`j
`january 4:18
`john 2:12 4:6 8:11
`joining 4:7
`judge 2:4,18,19
`3:3 16:19
`judgements 9:20
`judges 3:4
`june 1:17 20:17
`k
`kaken 1:9
`kind 8:5
`knew 16:5
`know 6:8,10 8:4
`10:6 11:22 13:21
`13:25 17:20 18:13
`
`212-267-6868
`
`l
`language 12:20
`legend 6:21
`licensee 1:11
`life 7:7
`limit 17:2
`limitations 7:17
`11:20 12:23
`limited 1:6
`line 3:9,18 4:2
`lisa 20:4,20
`litigation 13:8,16
`15:12,13,20 16:2,5
`livingston 4:6 13:2
`livingstone 2:12
`4:4 8:10,11 10:8
`12:14,17 13:6
`14:23 15:21 17:19
`18:8,23 19:5
`llp 2:13
`long 16:6
`looked 6:10
`looks 8:25
`lot 10:7
`
`m
`making 10:8
`manbeck 2:8
`marriage 20:13
`matter 20:15
`mean 11:18 15:12
`15:15
`mentioned 8:17
`method 7:24 10:19
`11:5
`mind 4:19 14:4
`mitchell 2:4 3:2,3
`3:15,19,25 4:11
`7:9 8:8 9:25 11:15
`12:16,25 16:11,19
`16:20 17:12 18:2
`
`18:10,16,21 19:2
`model 10:23
`moment 16:13
`morning 4:9
`motion 4:15 9:23
`16:25
`move 13:13
`n
`
`n 2:2
`n.w. 2:8
`nail 10:20,21 11:4
`name 3:3 4:5 6:19
`naoki 4:8
`new 1:16,16 10:7
`20:5
`newly 14:12
`nomenclature
`12:3,8
`notary 20:4
`noted 19:6
`notes 20:10
`number 6:16 8:19
`nw 2:13
`
`o
`occurred 5:14
`office 1:2 4:8 6:6
`14:8
`officer 18:5
`okay 8:8 9:25
`17:24 18:2,5,10
`once 11:11
`onychomycosis
`10:19
`opening 17:2,22
`opportunity 10:13
`oppose 8:12
`order 18:13
`ordered 14:22
`ordinarily 8:20
`
`Page 3
`
`organisms 10:25
`outcome 20:14
`overlapping 11:22
`owner 1:11 2:11
`4:3 5:3,14 8:9
`12:5 13:3,17
`14:14 15:24 16:5
`17:15 18:6,22
`owners 15:16
`p
`
`p 2:2,2
`p.c. 2:8
`p.m. 1:17 19:6
`page 5:9
`pages 17:2,3,4
`panel 16:15,24
`parties 6:9 7:8
`8:15 13:24 17:13
`20:12
`partner 4:7
`passed 14:11
`patent 1:2,4,11,14
`2:4,11 4:3 5:3,14
`6:6 8:9 10:15 11:2
`12:5,12 13:3,11,17
`14:14 15:16,24
`16:5 17:15 18:6
`18:21
`patentability
`11:12
`patentably 11:8
`patently 9:13 10:9
`patents 6:25 13:9
`15:25
`pause 16:17
`pending 4:16 14:7
`14:21 15:14,23
`petition 5:5,15
`6:15 14:19 15:7,9
`16:9
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`
`
`[petitioner - think]
`
`petitioner 2:6 3:9
`3:10,14 4:20,21
`5:12 9:15 10:3
`17:9,25 18:17
`petitioner's 8:12
`petitioners 1:7
`4:14
`pharmaceutical
`1:9
`pharmaceuticals
`1:10
`phone 3:4 5:6
`point 5:19
`pointed 8:23
`possible 4:14
`possibly 14:24
`potential 13:18
`potentially 6:7
`pre 5:2
`precision 6:24
`prejudice 13:7,16
`14:14
`prejudiced 13:3
`premature 5:10
`5:16
`prepetition 15:5
`present 2:17 13:24
`presented 14:12
`presiding 2:3
`presumably 16:9
`prime 6:22
`prior 6:11
`proceeding 6:4
`11:18,23 16:18
`proceedings 1:19
`3:1 4:1 5:1 6:1,13
`7:1 8:1 9:1,2 10:1
`11:1 12:1 13:1,21
`14:1 15:1 16:1
`17:1 18:1 19:1
`20:8
`
`212-267-6868
`
`propose 17:13
`prosecution 4:15
`provisions 8:4
`pty 1:6
`public 20:4
`pure 6:20
`pursue 13:5
`put 16:14 18:12
`putting 14:4
`q
`question 7:10,19
`questioned 8:16
`questions 17:8
`quickly 6:19
`quite 9:18
`r
`
`r 2:2
`raise 5:12
`raised 5:2,5
`raising 5:18
`really 11:21
`reason 16:3
`reasons 8:16
`recall 4:24
`record 6:19 14:5
`refer 5:8
`regarding 4:14
`reissue 4:16 5:4,19
`6:4,14 8:20 9:7,10
`9:12 11:18 12:10
`13:5,13 14:6,18
`15:2,5,8,14,23
`16:8,22 17:17
`reissues 8:22
`related 20:12
`render 9:2
`reply 17:5,23
`18:12
`reporter 3:18
`
`request 5:10 6:13
`6:18 8:12
`require 10:11
`resolution 4:16
`13:4
`resolves 18:17
`resources 8:14
`respect 15:11
`respond 18:7
`response 10:4
`16:10
`responsive 17:3
`result 8:3 9:3
`14:22
`results 6:7 11:6
`review 5:23
`reviewed 6:3
`12:13
`right 16:15 19:2
`roll 3:8
`rothwell 2:8 3:13
`s
`
`s 2:2
`sansone 20:4,20
`saying 11:8
`says 9:9
`scott 2:18
`see 4:2 16:23
`seen 13:19
`serious 13:7
`set 20:17
`severe 13:16
`side 4:10
`signature 20:19
`similar 7:12,15
`11:17,24
`single 15:6
`situation 15:16
`sought 4:13
`sounds 16:21
`
`Page 4
`
`special 8:22
`specific 10:25
`start 4:21
`started 3:7
`state 20:5
`stated 8:18
`states 1:2
`status 8:22
`stay 4:15 6:13
`8:20 9:23 14:21
`16:25
`stayed 6:5 15:3,10
`stenographic 20:9
`strategic 7:2
`street 2:8,13
`subject 5:22
`substance 12:19
`suffer 5:25 6:3
`sufficient 17:6
`suite 2:8,13
`summer 13:9
`sure 12:16
`survive 13:11
`susan 2:4
`t
`taken 14:3
`talked 11:19
`teleconference
`1:15
`telephone 4:24
`ten 17:22 18:6
`thank 3:15,19,24
`3:25 4:22 8:10
`9:25 16:11 18:20
`19:3,4,5
`thanks 18:24
`therapy 10:23
`things 11:7 13:19
`think 7:4,6,14,18
`8:5 11:10 12:5
`13:6 14:16 16:12
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`
`
`[think - yoshida]
`
`Page 5
`
`v
`
`v 1:8
`valeant 1:10
`versus 6:20,21,23
`7:2
`view 6:3
`virtually 5:21
`vulnerabilities
`15:18
`
`w
`wait 13:4
`want 5:8
`washington 2:9
`way 3:17 13:12
`20:14
`welcome 4:12
`whereof 20:16
`witness 20:16
`word 10:4
`works 13:22
`world 4:10
`y
`york 1:16,16 20:5
`yoshida 4:8
`
`16:20 17:16,21
`18:16
`thinking 14:17,24
`three 17:4
`time 13:15,25
`15:13 16:6 18:25
`19:6
`times 8:19
`timing 17:10
`today 3:6 4:7
`18:25
`toenail 11:4
`tokyo 4:8
`tony 3:12 4:23
`14:16
`topically 10:20
`trademark 1:2
`transcript 1:19
`3:21 5:8 20:7
`transcription 20:9
`treating 10:19
`treatment 10:23
`trial 1:4
`true 20:8
`trust 3:20
`try 15:24
`trying 12:6
`two 5:20
`typically 8:25
`u
`u.s. 1:14
`unable 6:12
`understand 16:12
`unified 6:25
`united 1:2
`unnecessary 6:8
`unpatentable 7:23
`7:25
`unusual 15:16
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`