`571-272-7822
`
`
`
`
`Paper 60
`Entered: March 9, 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 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
`
`
`
`Patent Owner seeks guidance regarding how to address a typographical error
`
`in its Motion to Amend, filed November 13, 2017 (Paper 28). Ex. 3005 (email
`
`communication dated March 7, 2018). Patent Owner has provided us with a
`
`redlined version of a corrected motion (Ex. 3006) and an email string relating to
`
`the parties’ discussion of possible remedies (Ex. 3007). Petitioner responded with
`
`an email dated that same day (Ex. 3008), attaching an updated email string of the
`
`parties’ correspondence (Ex. 3009). Despite extensive correspondence, the parties
`
`have been unable to agree on how to incorporate a correction of the error into the
`
`briefing schedule.
`
`The error in Patent Owner’s Motion to Amend comprises a substitution of
`
`the numeral “2” instead of “3” in the formula for the chemical compound covered
`
`by the ’405 Patent. As we understand the issue, Patent Owner became aware of the
`
`error upon reading Petitioner’s February 22, 2018 Opposition to Patent Owner’s
`
`Motion to Amend. See e.g., Paper 51, 9–10 (addressing Patent Owner’s proposed
`
`substitute claim). We are surprised that Petitioner did not notify Patent Owner of
`
`this clear typographical error prior to filing its Opposition. Nevertheless, to
`
`maintain clarity of the record, and conserve the Board’s resources, we authorize
`
`Patent Owner to file its corrected Motion to Amend no later than the close of the
`
`next business day. Petitioner may file a corrected Opposition to that motion within
`
`two weeks of Patent Owner’s submission, or on such date the parties may negotiate
`
`between themselves. Parties are reminded that they may stipulate to alterations to
`
`DUE DATES 1–5 absent Board authorization.
`
`SO ORDERED.
`
` 2
`
`
`
`
`
`
`
`
`
`IPR2017-00854
`Patent 9,187,405 B2
`
`FOR PETITIONER:
`
`
`Steven W. Parmelee
`Michael T. Rosato
`Jad A. Mills
`Teresa Stanek Rea
`Deborah H. Yellin
`Shannon M. Lentz
`Tyler Liu
`Amanda Hollis
`Eugene Goryunov
`Samuel Park
`sparmelee@wsgr.com
`mrosato@wsgr.com
`jmills@wsgr.com
`trea@crowell.com
`dyellin@crowell.com
`slentz@crowell.com
`tliu@agpharm.com
`Amanda.hollis@kirkland.com
`egoryunov@kirkland.com
`spark@winston.com
`
`FOR PATENT OWNER:
`
`Jane Love
`jlove@gibsondunn.com
`
`
`
`
`
`
`
`
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` 3
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