`571-272-7822
`
`Paper 41
`Entered: January 25, 2018
`
`
`
`
`
`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
`Patent US 9,187,405 B2
`_______________
`
`
`Before LORA M. GREEN, CHRISTOPHER M. KAISER,
`and ROBERT A. POLLOCK, Administrative Patent Judges.
`
`POLLOCK, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`1 Cases IPR2017-01550, IPR2017-01946, and IPR2017-01929 have been
`joined with this proceeding.
`
`
`
`IPR2017-00854
`Patent 9,187,405 B2
`A conference call in the above proceedings was held on January 24, 2018,
`among counsel for the respective Petitioners, Patent Owner, and Judges Pollock,
`Green, and Kaiser to discuss (1) Patent Owner’s request for authorization to file a
`motion to strike Petitioner’s January 22, 2018 motion for additional discovery
`because it contained allegedly unauthorized argument regarding discovery of the
`phase III clinical trial protocol referenced in Exhibit 2065 and (2), Patent Owner’s
`desire to correct a misstatement in Dr. Lublin’s deposition regarding the timing of
`his access to the declaration testimony of Patent Owner’s other experts.
`Patent Owner engaged a court reporter for the call. Patent Owner will
`submit a copy of the transcript as an exhibit, which will serve as the official record
`of the call.
`
`
`ORDER
`Having considered the parties’ positions, it is:
`ORDERED that Patent Owner is authorized to file a supplemental brief
`responsive to Petitioner’s arguments regarding discovery of the phase III clinical
`trial protocol referenced in Exhibit 2065. Patent Owner’s supplemental brief shall
`be due one week from the date of this order and not exceed five pages.
`FURTHER ORDERED that Patent Owner is authorized to submit a
`supplemental declaration of Dr. Lublin directed to the timing of his access to the
`declaration testimony of Patent Owner’s other experts.
`FURTHER ORDERED that Petitioner is authorized to conduct a telephonic
`deposition of Dr. Lublin not exceeding one hour and limited to the contents of his
`supplemental declaration.
`
` 2
`
`
`
`
`
`
`
`IPR2017-00854
`Patent 9,187,405 B2
`FURTHER ORDERED that the parties shall cooperate in scheduling Dr.
`Lublin’s deposition and any stipulation in Due Dates permitted under the
`Scheduling Order.
`FURTHER ORDERED that Patent Owner shall file a copy of the transcript
`of the January 24, 2018, conference call as an exhibit in this case.
`
`
`
` 3
`
`
`
`
`
`
`
`IPR2017-00854
`Patent 9,187,405 B2
`FOR PETITIONER APOTEX:
`
`Steven W. Parmelee
`Michael T. Rosato
`Jad A. Mills
`WILSON SONSINI GOODRICH & ROSATI
`sparmelee@wsgr.com
`mrosato@wsgr.com
`jmills@wsgr.com
`
`FOR PETITIONER ARGENTUM:
`
`Teresa Stanek Rea
`Deborah H. Yellin
`Shannon M. Lentz
`CROWELL & MORING LLP
`trea@crowell.com
`dyellin@crowell.com
`slentz@crowell.com
`
`Tyler C. Liu
`ARGENTUM PHARMACEUTICALS, LLC
`tliu@agpharm.com
`
`FOR PETITIONER TEVA:
`
`Amanda Hollis
`Eugene Goryunov
`KIRKLAND & ELLIS LLP
`Amanda.hollis@kirkland.com
`egoryunov@kirkland.com
`
`FOR PETITIONER SUN PHARMA:
`
`Samuel Park
`WINSTON & STRAWN LLP
`spark@winston.com
`
`
` 4
`
`
`
`
`
`
`
`IPR2017-00854
`Patent 9,187,405 B2
`FOR PATENT OWNER:
`
`Jane M. Love
`GIBSON, DUNN & CRUTCHER LLP
`jlove@gibsondunn.com
`
`
` 5
`
`
`
`
`
`
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