From:
`Sent:
`To:
`Cc:
`
`Subject:
`
`Counsel:
`
`Trials <Trials@USPTO.GOV>
`Tuesday, September 26, 2017 9:26 AM
`Parezo, Jessica; Trials
`Mylan-WC-IPR@kilpatricktownsend.com; 'Stockwell, Mitch'; 'Holloway, Clay'; 'Olinger,
`Jonathan'; mrogers@kilpatricktownsend.com; Reister, Andrea; Kamholz, Scott;
`Kennedy, Michael; Keane, Megan; maa@bskb.com; Herzbach, Lynde
`RE: IPR2017-00203: Request for Conference
`
`A conference call with the Board is not necessary at this time. Patent Owner’s request for authorization to file a motion to
`strike is denied.
`Regarding item (1), we authorize Patent Owner to file, by October 6, 2017, a 3-page paper, identifying (by page and line
`number) each passage of Petitioner’s Reply that Patent Owner contends exceeds the scope permitted under 37 C.F.R. §
`42.23(b) and providing a brief explanation for each contention. We authorize Petitioner to file, by October 13, 2017, a 3-
`page response, including, for each passage listed in Patent Owner’s paper, a brief explanation of how the Reply argument
`is supported by the Petition and/or responsive to an argument in the Response, including citations (by page and line
`number) to the Petition and/or Response.
`Regarding items (2) – (4), Patent Owner and Petitioner shall meet and confer and agree on a remedy, which may include
`an agreement that Petitioner may file a corrected Reply that complies with the word limit (which we hereby
`authorize). Any such corrected Reply shall be filed no later than September 29, 2017, and the papers authorized above
`shall address the corrected Reply, rather than the original Reply. If Patent Owner and Petitioner cannot agree regarding
`item (3), then this issue may be addressed in the papers authorized above.
`
`Regards,
`
`Andrew Kellogg,
`Supervisory Paralegal
`Patent Trial and Appeal Board
`USPTO
`andrew.kellogg@uspto.gov
`Direct: 571-272-5366
`
`From: Parezo, Jessica [mailto:jparezo@cov.com]
`Sent: Monday, September 25, 2017 10:04 AM
`To: Trials <Trials@USPTO.GOV>
`Cc: Mylan-WC-IPR@kilpatricktownsend.com; 'Stockwell, Mitch' <MStockwell@kilpatricktownsend.com>; 'Holloway,
`Clay' <CHolloway@kilpatricktownsend.com>; 'Olinger, Jonathan' <JOlinger@kilpatricktownsend.com>;
`mrogers@kilpatricktownsend.com; Reister, Andrea <areister@cov.com>; Kamholz, Scott <SKamholz@cov.com>;
`Kennedy, Michael <MKennedy@cov.com>; Keane, Megan <mkeane@cov.com>; maa@bskb.com; Herzbach, Lynde
`<Lynde.Herzbach@bskb.com>
`Subject: IPR2017-00203: Request for Conference
`
`Dear PTAB:
`
`Patent Owner in IPR2017-00203 requests a conference with the Board to seek authorization to file a motion to
`strike Petitioner’s Reply (Paper 38) on the following grounds:
`
`(1) exceeding the scope permitted under 37 C.F.R. § 42.23(b),
`
`1
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`Mylan v. Qualicaps, IPR2017-00203
`QUALICAPS EX. 2075 - 1/2
`
`

`

`(2) untimeliness, for omitting the updated exhibit list required by 37 C.F.R. § 42.63(e) (Petitioner has never
`once updated their exhibit list despite being repeatedly required to do so),
`(3) exceeding the word limit set by 37 C.F.R. § 42.24(c)(1), and
`(4) violating the stipulated protective order (Ex. 2073) by failing to provide confidentiality acknowledgments
`from each person with access to Patent Owner's confidential exhibits.
`
`The parties have met and conferred regarding the issues. Counsel for the parties are available for a conference
`on Wednesday, September 27, 2017 at a time convenient to the Board. Counsel for Petitioner is copied on this
`communication.
`
`Respectfully,
`
`Jessica Parezo
`
`Covington & Burling LLP
`One CityCenter, 850 Tenth Street, NW
`Washington, DC 20001-4956
`T +1 202 662 5498 | jparezo@cov.com
`www.cov.com
`
`2
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`Mylan v. Qualicaps, IPR2017-00203
`QUALICAPS EX. 2075 - 2/2
`
`