`571-272-7822 Entered: November 21, 2017
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ACRUX DDS PTY LTD., ACRUX LIMITED, and
`ARGENTUM PHARMACEUTICALS LLC,
`Petitioner,
`
`v.
`
`KAKEN PHARMACEUTICAL CO., LTD. and VALEANT
`PHARMACEUTICALS INTERNATIONAL, INC.,
`Patent Owner.
`____________
`
`Case IPR2017-001901
`Patent 7,214,506 B2
`____________
`Before ERICA A. FRANKLIN, SUSAN L. C. MITCHELL, and
`ROBERT A. POLLOCK, Administrative Patent Judges.
`
`MITCHELL, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`1 Case IPR2017-01429 has been joined with the instant proceeding.
`
`
`
`
`
`IPR2017-00190
`Patent 7,214,506 B2
`
`
`
`Kaken Pharmaceutical Co., Ltd. and Valeant Pharmaceuticals International,
`Inc. (collectively, “Patent Owner”) requested a conference call in the
`above-referenced inter partes review to request authorization to file a motion to
`strike the “submission of three new declarations, 165 new exhibits, and related new
`arguments” in the Reply of Acrux DDS PTY Ltd. and Acrux Limited (collectively,
`“Petitioner”). A conference call was held on Thursday, November 16, 2017,
`between respective counsel for the parties for the above-identified inter partes
`review2 and Judges Mitchell, Franklin, and Pollock, to discuss Patent Owner’s
`request.
`Specifically, Patent Owner requests authorization to file a Motion to Strike
`at least portions of three new expert declarations at Exhibits 1509–1511, 165 new
`exhibits at Exhibits 1500–1665, and alleged new legal argument in Petitioner’s
`Reply relating to two of Patent Owner’s patents at Exhibits 1007 and 1505.
`Petitioner seeks authorization to file a motion to strike portions of Patent Owner’s
`Objections to Evidence filed on November 8, 2017, but withdrew the request
`during the conference call.
`Patent Owner asserts that Petitioner’s newly submitted declarations serve to
`circumvent the page limitations of briefing and that many of the new exhibits are
`not cited in any paper. Patent Owner also asserts that Petitioner inappropriately
`offers new arguments in its Reply that could have been included in the Petition.
`Petitioner responds that its expert declarations, exhibits, and arguments were
`offered appropriately as rebuttal in response to Patent Owner’s arguments and
`evidence.
`
`
`2 Counsel for Argentum Pharmaceuticals LLC did not participate in the call.
`2
`
`
`
`
`
`IPR2017-00190
`Patent 7,214,506 B2
`
`
`
`After considering the parties respective positions, we find that Patent Owner
`has shown good cause for filing its Motion to Strike, and we authorize Patent
`Owner to file such motion.
`
`
`ORDER
`
`It is
`ORDERED that the Patent Owner’s request to file a Motion to Strike
`addressing Petitioner’s new expert declarations at Exhibits 1509–1511, new
`exhibits at Exhibits 1500–1665, and alleged new legal arguments in Petitioner’s
`Reply relating to two of Patent Owner’s patents at Exhibits 1007 and 1505 is
`granted;
`FURTHER ORDERED that Patent Owner’s Motion to Strike is due no later
`than Monday, November 27, 2017;
`FURTHER ORDERED that Petitioner’s Response to the Motion to Strike is
`due no later than Wednesday, December 6, 2017;
`FURTHER ORDERED that each party will be limited to fifteen pages for
`each brief; and
`FURTHER ORDERED that Patent Owner is not authorized to file a Reply
`in support of its Motion to Strike.
`
`
`
`
`
`
`3
`
`
`
`
`
`IPR2017-00190
`Patent 7,214,506 B2
`
`
`For PETITIONER:
`
`Acrux DDS PTY Ltd. and Acrux Limited:
`E. Anthony Figg
`Aydin H. Harston
`ROTHWELL FIGG, ERNST & MANBECK, P.C.
`effig@rothwellfigg.com
`aharston@rothwellfigg.com
`litigationparalegals@rothwellfigg.com
`
`Argentum Pharmaceuticals LLC:
`Teresa Rea
`Shannon Lentz
`CROWELL & MORING LLP
`trea@crowell.com
`slentz@crowell.com
`
`Tyler Liu
`ARGENTUM PHARMACEUTICALS, LLC
`tliu@agpharm.com
`
`
`
`For PATENT OWNER:
`
`John D. Livingstone
`Naoki Yoshida
`Anthony Hartmann
`Barbara R. Rudolph, Ph.D.
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP
`KakenIPR@finnegan.com
`
`Toan P. Vo
`VALEANT PHARMACEUTICALS NORTH AMERICA LLC
`Toan.vo@bausch.com
`
`
`
`4
`
`
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