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`Paper No.
`Filed: April 13, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`APOTEX INC., APOTEX CORP., ARGENTUM PHARMACEUTICALS LLC,
`ACTAVIS ELIZABETH LLC, TEVA PHARMACEUTICALS USA, INC., SUN
`PHARMACEUTICAL INDUSTRIES, LTD., SUN PHARMACEUTICAL
`INDUSTRIES, INC., and SUN PHARMA GLOBAL FZE,
`
`Petitioners,
`
`v.
`
`NOVARTIS AG,
`Patent Owner.
`
`Case IPR2017-008541
`U.S. Patent No. 9,187,405
`
`
`
`
`
`JOINT STIPULATION TO MODIFY SCHEDULING ORDER
`
`Mail Stop Patent Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`1 Cases IPR2017-01550, IPR2017-01946, and IPR2017-01929 have been joined
`with this proceeding.
`
`
`
`Case IPR2017-00854
`Patent 9,187,405
`
`
`
`
`
`
`
`Pursuant to the Board’s March 29, 2018 Order (Paper No. 6 6 ) granting
`
`Petitioners a Sur-Reply in opposition to Patent Owner’s Contingent Motion to
`
`Amend, Patent Owner and Petitioners have conferred and reached an agreement
`
`regarding the modification of the due dates currently set forth in the Board’s
`
`January 31, 2018 Order (Paper No. 46) and the March 2, 2018, Joint
`
`Stipulation to Modify the Scheduling Order (Paper No. 58).
`
`Accordingly, Patent Owner and Petitioners hereby stipulate to modify the
`
`schedule as follows:
`
`Paper
`Petitioners to file Observations on Cross-
`Examination (10 pages per witness) and any
`cited Exhibits
`Request for Oral Argument
`
`CURRENT DATE NEW DATE
`April 17, 2018
`April 16, 2018
`by 5 pm EDT
`
`April 17, 2018 April 17, 2018
`
`Parties to file Motions to Exclude Evidence
`
`April 17, 2018 April 17, 2018
`
`Petitioners to file Sur-Reply to Patent
`Owner’s Contingent Motion to Amend
`Patent Owner to file Objections to Evidence
`in Petitioner’s Sur-Reply
` Responses to April 16 Observations on
`Cross-Examination (10 pages per witness)
`Parties to file Oppositions to April 17
`Motions to Exclude Evidence
`Petitioners to serve Supplemental Evidence on
`Motion to Amend Sur-Reply
`
`April 19, 2018
`
`April 19, 2018
`
`N/A
`
`April 23, 2018
`
`April 24, 2018 April 24, 2018
`
`April 24, 2018 April 24, 2018
`
`N/A
`
`April 25, 2018
`
`
`
`
`
`
`
`
`
`Case IPR2017-00854
`Patent 9,187,405
`Deposition of Petitioner’s Sur-Reply
`Declarant1
`Patent Owner to file Supplemental Motion to
`Exclude Evidence Submitted with Motion to
`Amend Sur-Reply (10 pages)
`Patent Owner to file Observations on Cross-
`Examination (10 pages per witness) on
`Motion to Amend Sur-Reply
`Replies to April 17 Motions to Exclude
`Evidence
`Petitioners to file Opposition to Novartis’s
`April 30 Supplemental Motion to Exclude (10
`pages)
`Petitioners to file Response to Novartis’s
`April 30 Observations on Cross-Examination
`(10 pages per witness)
`Date by which Demonstratives Must Be
`Served
`Patent Owner to file Reply in support of its
`April 30 Supplemental Motion to Exclude
`Evidence (5 pages)
`
`N/A
`
`N/A
`
`N/A
`
`April 27, 2018
`
`April 30, 2018
`
`April 30, 2018
`
`April 30, 2018 April 30, 2018
`
`N/A
`
`N/A
`
`May 3, 2018
`
`May 3, 2018
`
`May 4, 2018 May 4, 2018
`
`N/A
`
`May 5, 2018
`
`This stipulation does not affect or otherwise modify the date for DUE DATE
`
`7 as currently set forth in the Board’s January 31, 2018 Order (Paper No. 46).
`
`Dated: April 13, 2018
`
`
`/Steven W. Parmelee/
`Steven W. Parmelee
`Reg. No. 31,990
`
`
`1
`This deposition shall occur in Seattle. Patent Owner has agreed to this date on
`the condition that Petitioners only file the declaration of a single declarant in support of
`their Sur-Reply in opposition to Patent Owner’s Contingent Motion to Amend. Patent
`Owner reserves the right to move to strike any additional declarations submitted with
`the sur-reply.
`
`
`
`Case IPR2017-00854
`Patent 9,187,405
`
`
`
`
`
`/Jane M. Love, Ph.D./
`Reg. No. 42,812
`Lead Counsel for Patent Owners
`Gibson, Dunn & Crutcher LLP
`200 Park Avenue
`New York, New York 10166-0193
`jlove@gibsondunn.com
`Tel: 212-351-3922
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Case IPR2017-00854
`Patent 9,187,405
`
`CERTIFICATE OF SERVICE
`Pursuant to 37 C.F.R. § 42.6(e), I hereby certify that on April 13, 2018,
`
`a
`
`true and accurate copy of
`
`JOINT STIPULATION TO MODIFY
`
`SCHEDULING ORDER was served via electronic mail on the following
`
`counsel of record for Petitioners:
`
`For Apotex:
`
`
`
`For Argentum:
`
`
`
`
`
`
`
`For Sun:
`
`Steven W. Parmelee: sparmelee@wsgr.com
`Michael T. Rosato: mrosato@wsgr.com
`Jad A. Mills: jmills@wsgr.com
`
`Wilson Sonsini Goodrich & Rosati
`701 Fifth Avenue, Suite 5100
`Seattle, WA 98104
`Telephone: 206-883-2542
`
`Teresa Stanek Rea: trea@crowell.com
`Deborah H. Yellin: dyellin@crowell.com
`Shannon M. Lentz: slentz@crowell.com
`Tyler C. Liu: TLiu@agpharm.com
`
`Crowell & Moring LLP
`Intellectual Property Group
`1001 Pennsylvania Ave, NW
`Washington, DC 20004-2595
`(202) 624-2620
`
`Samuel Park: SPark@winston.com
`Charles B. Klein: CKlein@winston.com
`Sharick Naqi: SNaqi@winston.com
`
`Winston & Strawn LLP
`35 W. Wacker Drive
`
`
`
`Case IPR2017-00854
`Patent 9,187,405
`
`For Teva:
`
`
`
`
`
`
`
`
`
`
`
`
`Dated: April 13, 2018
`
`Chicago, IL 60601
`Telephone: (312) 558-7931
`
`Amanda Hollis: amanda.hollis@kirkland.com
`Eugene Goryunov: egoryunov@kirkland.com
`Gregory Springsted: gregory.springsted@kirkland.com
`
`Kirkland & Ellis LLP
`300 North LaSalle
`Chicago, IL 60654
`Telephone: (312) 862-2000
`(202) 624-2620
`
`/Jane M Love, Ph.D./
`Jane M. Love, Ph.D.
`Reg. No. 42,812
`Lead Counsel for Patent Owners
`Gibson, Dunn & Crutcher LLP
`200 Park Avenue
`New York, New York 10166-0193
`jlove@gibsondunn.com
`Tel: 212-351-3922
`
`
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