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`
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`Paper No. ___
`Date Filed: Mar. 23, 2017
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`________________
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`ACTAVIS LABORATORIES FL, INC., AMNEAL PHARMACEUTICALS LLC,
`AMNEAL PHARMACEUTICALS OF NEW YORK, LLC, DR. REDDY’S
`LABORATORIES, INC., DR. REDDY’S LABORATORIES, LTD., SUN
`PHARMACEUTICALS INDUSTRIES, LTD., SUN PHARMACEUTICALS
`INDUSTRIES, INC., TEVA PHARMACEUTICALS USA, INC., WEST-WARD
`PHARMACEUTICAL CORP., and HIKMA PHARMACEUTICALS, LLC,
`Petitioners,
`
`v.
`
`JANSSEN ONCOLOGY, INC.,
`Patent Owner.
`
`________________
`
`Case IPR2017-00853
`Patent 8,822,438
`
`________________
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`
`
`JANSSEN ONCOLOGY, INC.’S WAIVER OF PRELIMINARY RESPONSE
`PURSUANT TO 37 C.F.R. §42.107(b)
`
`
`
`

`

`IPR2017-00853
`Patent 8,822,438
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`
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`Pursuant to 37 C.F.R. §42.107(b), Patent Owner Janssen Oncology, Inc.
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`(“Janssen”) hereby elects to waive its Patent Owner Preliminary Response to the
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`Petition filed in the above-captioned proceeding (IPR2017-00853).
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`As indicated in the Trial Practice Guide, no adverse inference should be
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`taken by this election. Office Patent Trial Practice Guide, 77 Fed. Reg. 48756,
`
`48764 (August 14, 2012). Thus, this election should not be deemed a waiver or
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`admission on the part of Janssen of any material presented in the Petition.
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`
`
`Date: Mar. 23, 2017
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`Respectfully submitted,
`
`By: /Dianne B. Elderkin/
`Dianne B. Elderkin (Reg. No. 28,598)
`Barbara L. Mullin (Reg. No. 38,250)
`Ruben H. Munoz (Reg. No. 66,998)
`AKIN GUMP STRAUSS HAUER &
`FELD LLP
`Two Commerce Square
`2001 Market Street, Suite 4100
`Philadelphia, PA 19103
`Tel:
`(215) 965-1200
`Fax: (215) 965-1210
`JANS-ZYTIGA@akingump.com
`
`Counsel for Patent Owner
`
`1
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`

`

`IPR2017-00853
`Patent 8,822,438
`
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a copy of the foregoing JANSSEN
`
`ONCOLOGY INC.’S WAIVER OF PRELIMINARY RESPONSE
`
`PURSUANT TO 37 C.F.R. §42.107(b) was served on counsel of record on March
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`23, 2017 by filing this document through the End-to-End System, as well as
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`delivering a copy via electronic mail to counsel of record for the Petitioners at the
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`following addresses:
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`Samuel S. Park – spark@winston.com
`Ryan B. Hauer – rhauer@winston.com
`Jovial Wong – jwong@winston.com
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`
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`Date: Mar. 23, 2017
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`
`/Dianne B. Elderkin/
`Dianne B. Elderkin
`Registration No. 28,598
`Counsel for Patent Owner
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`2
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