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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`ARGENTUM PHARMACEUTICALS LLC,
`Petitioner,
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`v.
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`CIPLA LTD.
`Patent Owner.
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`Case IPR2017-00807
`Patent No. 8,168,620 B2
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`JOINT STIPULATION TO LIMIT PETITION UNDER 37 C.F.R. § 42.71
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`Mail Stop "PATENT BOARD"
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`1
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`CIP2182
`Argentum Pharmaceuticals v. Cipla Ltd.
`IPR2017-00807
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`IPR2017-00807
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`Stipulation to Limit Petition
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`Pursuant 37 C.F.R. § 42.71 and an email communication authorizing this
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`stipulation, Petitioner Argentum Pharmaceuticals LLC and Patent Owner Cipla
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`Ltd. hereby provide notice of the following:
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`WHEREAS the Petition (Paper 1) presented three grounds challenging the
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`patentability of U.S. Patent No. 8,168,620: (1) Ground 1 alleging unpatentability of
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`claims 1 and 25 under 35 U.S.C. § 102(b) over Segal; (2) Ground 2 alleging
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`unpatentability of claims 1, 4-6, 24-26, and 29 under 35 U.S.C. § 103 over Hettche,
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`Phillipps, and Segal; and (3) Ground 3 alleging unpatentability of claims 42-44
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`under 35 U.S.C. § 103 over Hettche, Phillipps, Segal, and Flonase Label;
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`WHEREAS the Board’s Decision (Paper 11) instituted review on Grounds 2
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`and 3;
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`WHEREAS the Board modified the Institution Decision (Paper 51) to
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`institute “review of all challenged claims and all grounds presented in the
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`Petition;”
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`NOW THEREFORE, Petitioner and Patent Owner have agreed and stipulate,
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`as follows:
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`1. Petitioner and Patent Owner stipulate to dismiss Ground 1 presented in the
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`Petition from this proceeding and to limit the Petition pursuant to 37 C.F.R. §
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`42.71 to Grounds 2 and 3 only;
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`- 1 -
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`2
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`CIP2182
`Argentum Pharmaceuticals v. Cipla Ltd.
`IPR2017-00807
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`IPR2017-00807
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`Stipulation to Limit Petition
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`2. Petitioner and Patent Owner stipulate that this agreement shall not operate
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`as a waiver or have any estoppel effect;
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`3. Petitioner and Patent Owner stipulate that the sole intent of this agreement
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`is to return this proceeding to the status quo before Paper 51 instituting review on
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`all grounds presented in the Petition;
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`4. Petitioner and Patent Owner stipulate that no additional briefing or
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`evidence will be submitted concerning Ground 1, that Ground 1 will not be
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`addressed at the upcoming oral hearing scheduled for May 16, 2018, and that the
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`Board need not address Ground 1 in its final written decision.
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`Date: May 11, 2018
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`Date: May 11, 2018
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`Respectfully submitted,
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`/Michael Houston/
`Michael R. Houston
`Reg. No. 58,486
`Lead Attorney for Petitioner
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`Respectfully submitted,
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`/Dennies Varughese/
`Dennies Varughese
`Registration No. 61,868
`Lead Attorney for Patent Owner
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`- 2 -
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`3
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