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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`FAMY CARE LIMITED,
`Petitioner
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`v.
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`ALLERGAN, INC.
`Patent Owner
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`Case IPR2017-00567
`Patent 8,629,111
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`PATENT OWNER’S OPPOSITION TO
`PETITIONER’S MOTION FOR JOINDER
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`Case IPR2017-00567
`Attorney Docket No: 13351-0008IPB
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`On January 6, 2017, Petitioner, Famy Care Ltd. (“Famy Care”), filed an IPR
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`petition and a motion to join its petition to IPR2016-01128 (“the Mylan IPR”).
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`The Board granted the Mylan IPR on December 8, 2016 and issued a Scheduling
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`Order setting August 17, 2017 as the date for oral argument.
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`There are significant differences between Famy Care’s petition and Mylan’s
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`petition. Famy Care’s petition includes declarations from two new experts rather
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`than relying on Mylan’s one expert and introduces additional arguments.
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`Moreover, Famy Care agrees only to use its “best efforts to cooperate with Mylan,
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`and present consolidated papers wherever possible.” Petitioner’s Motion for
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`Joinder, pp. 9-11. Nevertheless, Patent Owner agrees not to oppose joinder if
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`Famy Care agrees to participate in the joined proceedings under the following
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`conditions:
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`1. Famy Care agrees to rely solely on Mylan’s expert;
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`2. Famy Care agrees to consolidated briefing subject to the word count
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`limits for a single party except for motions that involve only Famy Care;
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`3. Famy Care agrees that cross-examination of Patent Owner’s witnesses
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`will occur within the timeframe that the rules allot for one party; and
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`4. Famy Care agrees that Mylan will conduct the oral argument.
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`Case IPR2017-00567
`Attorney Docket No: 13351-0008IPB
`Teva and Akorn have also filed motions to join the Mylan IPR, and have
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`agreed to similar conditions for conducting the joined proceedings. See IPR2017-
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`00578, Paper No. 3 (Teva) and IPR2017-00596, Paper No. 4 (Akorn). If Famy
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`Care wishes to join, Famy Care should be able to participate only under the same
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`conditions.
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`Respectfully submitted,
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`/Dorothy P. Whelan/
`Dorothy P. Whelan
`Reg. No. 33,814
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`3
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`Date:/February 6, 2017/
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`Customer Number 26191
`Fish & Richardson P.C.
`Telephone: (612) 337-2508
`Facsimile: (612) 288-9696
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`61432882.doc
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`Case IPR2017-00567
`Attorney Docket No: 13351-0008IPB
`CERTIFICATE OF SERVICE
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`Pursuant to 37 CFR §§ 42.6(e)(4) and 42.205(b), the undersigned certifies
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`that on February 6, 2017, a complete and entire copy of this Patent Owner
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`Allergan, Inc.’s Opposition to Petitioner’s Motion for Joinder was provided via
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`electronic service, to the Petitioner by serving the correspondence address of
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`record as follows:
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`Deanne M. Mazzochi
`William A. Rakoczy
`John D. Polivick
`Rakoczy Molino Mazzochi Siwik LLP
`6 West Hubbard Street, Suite 500,
`Chicago, Illinois 60654
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`dmazzochi@rmmslegal.com
`wrakoczy@rmmslegal.com
`jpolivick@rmmslegal.com
`FamyCareIPR@rmmslegal.com
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`/Jessica K. Detko/
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`Jessica K. Detko
`Fish & Richardson P.C.
`60 South Sixth Street, Suite 3200
`Minneapolis, MN 55402
`(612) 337-2516
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`4
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