From: Parmelee, Steve [mailto:sparmelee@wsgr.com]
`Sent: Wednesday, March 7, 2018 1:12 PM
`To: Trials <Trials@USPTO.GOV>
`Cc: Rosato, Michael <mrosato@wsgr.com>; trea@crowell.com; dyellin@crowell.com;
`slentz@crowell.com; tliu@agpharm.com; amanda.hollis@kirkland.com; egoryunov@kirkland.com;
`spark@winston.com; Springsted, Gregory <greg.springsted@kirkland.com>; Mills, Jad
`<jmills@wsgr.com>; Trenchard, Robert W. <RTrenchard@gibsondunn.com>; Love, Jane M.
`<JLove@gibsondunn.com>
`Subject: RE: IPR2017-00854 - Request for Authorization to Submit Corrected Motion to Amend
`
`Your Honors,
`
`Patent Owner represented in its email below that it had attached the meet-and-confer email string with
`Petitioner regarding this matter. Patent Owner’s attachment failed to include the most recent
`correspondence. Attached please find the full email string.
`
`Respectfully submitted,
`
`Steven W. Parmelee
`Reg. No. 31,990
`Lead Counsel for Petitioner Apotex
`
`
`From: Love, Jane M. [mailto:JLove@gibsondunn.com]
`Sent: Wednesday, March 07, 2018 9:50 AM
`To: Trials
`Cc: Rosato, Michael; trea@crowell.com; dyellin@crowell.com; slentz@crowell.com; tliu@agpharm.com;
`amanda.hollis@kirkland.com; egoryunov@kirkland.com; spark@winston.com; Springsted, Gregory;
`Parmelee, Steve; Mills, Jad; Trenchard, Robert W.; Love, Jane M.
`Subject: IPR2017-00854 - Request for Authorization to Submit Corrected Motion to Amend
`
`To the Members of the Board in IPR2017-00854:
`
`We represent Patent Owner in this matter. We write for the Board’s guidance on how to correct a typo
`Petitioners identified in Patent Owner’s Motion to Amend in this matter. The typo accidently inserted
`the numeral “2” instead of “3” in the formula for the chemical compound covered by the patent.
`
`Per the attached meet-and-confer email string, we have attempted to resolve this issue with Petitioner
`through one of two routes:
`
`1. A corrected motion to amend now plus a prompt amended opposition brief by March 16 from
`Petitioners that deletes the arguments based on the typo (and Petitioners would be free to use that
`space on other arguments); or
`
`2. That Patent owner can correct the typo on reply without objection or further briefing from
`Petitioners.
`
`
`

`

`Unfortunately, Petitioners have declined both approaches, and instead say they wish to wait for Patent
`Owner’s reply to decide how to respond to the issue. This procedure is unworkable as it leaves Patent
`Owner uncertain about the status of this typo, and also threatens the current schedule.
`
`We accordingly seek the Board’s guidance on how to proceed. For the Board’s information, we attach
`the corrected motion to amend that we proposed to Petitioners, in the event the Board simply wishes to
`authorize the filing of that motion without a conference call. If, however, the Board desires a call on the
`issue, counsel for Patent Owner will of course be available at the Board’s convenience.
`
`Respectfully submitted,
`Jane M. Love, Ph.D.
`Lead Counsel for Patent Owner
`
`
`
`Jane M. Love, Ph.D.
`
`GIBSON DUNN
`
`Gibson, Dunn & Crutcher LLP
`200 Park Avenue, New York, NY 10166-0193
`Tel +1 212.351.3922 • Fax +1 212.351.6322
`JLove@gibsondunn.com • www.gibsondunn.com
`
`
`
`
`This message may contain confidential and privileged information. If it has been sent to you in
`error, please reply to advise the sender of the error and then immediately delete this message.
`
`
`
`
`