`5712727822
`
`Paper No. 3
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APOTEX INC. AND APOTEX CORP.,
`Petitioner,
`
`v.
`
`NOVARTIS A.G.,
`Patent Owner.
`____________
`
`Case IPR201700854
`Patent 9,187,405
`____________
`
`Mailed: March 10, 2017
`
`Before Althea Wilburn, Trial Paralegal.
`
`NOTICE OF FILING DATE ACCORDED TO PETITION
`AND
`TIME FOR FILING PATENT OWNER PRELIMINARY RESPONSE
`
`The petition for inter partes review filed in the above proceeding has
`
`been accorded the filing date of February 3, 2017.
`Patent Owner may file a preliminary response to the petition no later
`
`than three months from the date of this notice. The preliminary response is
`limited to setting forth the reasons why the requested review should not be
`
`
`
`Appeal 2009015244
`Reexamination Control 90/006,844
`Patent 5,314,630
`
`instituted. Patent Owner may also file an election to waive the preliminary
`response to expedite the proceeding. For more information, please consult
`
`the Office Patent Trial Practice Guide, 77 Fed. Reg. 48756 (Aug. 14, 2012),
`which is available on the Board Web site at http://www.uspto.gov/PTAB.
`
`Patent Owner is advised of the requirement to submit mandatory
`notice information under 37 C.F.R. § 42.8(a)(2) within 21 days of service of
`
`the petition.
`The parties are encouraged to use the heading on the first page of this
`
`Notice for all future filings in the proceeding.
`The parties are advised that under 37 C.F.R. § 42.10(c), recognition of
`
`counsel pro hac vice requires a showing of good cause. The parties are
`
`authorized to file motions for pro hac vice admission under 37 C.F.R.
`
`§ 42.10(c). Such motions shall be filed in accordance with the “Order
`
`Authorizing Motion for Pro Hac Vice Admission” in Case IPR201300639,
`
`Paper 7, a copy of which is available on the Board Web site under
`“Representative Orders, Decisions, and Notices.”
`
`The parties are reminded that unless otherwise permitted by 37 C.F.R.
`§ 42.6(b)(2), all filings in this proceeding must be made electronically in the
`
`Patent Review Processing System (PRPS), accessible from the Board Web
`site at http://www.uspto.gov/PTAB. To file documents, users must first
`
`obtain a user ID and password by registering with PRPS. Information
`regarding how to register with and use PRPS is available at the Board Web
`
`site.
`
`2
`
`
`
`Appeal 2009015244
`Reexamination Control 90/006,844
`Patent 5,314,630
`
`If there are any questions pertaining to this notice, please contact
`Althea Wilburn at 5712726230 or the Patent Trial and Appeal Board at
`
`5712727822.
`
`PETITIONER:
`
`Steven Parmelee
`sparmelee@wsgr.com
`
`Michael Rosato
`mrosato@wsgr.com
`
`Jad Mills
`jmills@wsgr.com
`
`PATENT OWNER:
`
`Novartis Pharmaceutical Corporation
`Intellectual Property Department
`One Health Plaza 433/2
`East Hanover, NJ 079361080
`
`3
`
`
`
`Trials@uspto.gov
`5712727822
`
`Paper No. 3
`
`NOTICE CONCERNING ALTERNATIVE DISPUTE RESOLUTION
`(ADR)
`The Patent Trial and Appeal Board (PTAB) strongly encourages
`parties who are considering settlement to consider alternative dispute
`resolution as a means of settling the issues that may be raised in an AIA trial
`proceeding. Many AIA trials are settled prior to a Final Written Decision.
`Those considering settlement may wish to consider alternative dispute
`resolution techniques early in a proceeding to produce a quicker, mutually
`agreeable resolution of a dispute or to at least narrow the scope of matters in
`dispute. Alternative dispute resolution has the potential to save parties time
`and money.
`Many nonprofit organizations, both inside and outside the intellectual
`property field, offer alternative dispute resolution services. Listed below are
`the names and addresses of several such organizations. The listings are
`provided for the convenience of parties involved in cases before the PTAB;
`the PTAB does not sponsor or endorse any particular organization’s
`alternative dispute resolution services. In addition, consideration may be
`given to utilizing independent alternative dispute resolution firms. Such
`firms may be located through a standard keyword Internet search.
`
`
`CPR
`INSTITUTE
`FOR
`DISPUTE
`RESOLUTI
`ON
`
`Telephone:
`(212) 949-6490
`Fax: (212) 949-
`8859
`575 Lexington
`Ave
`New York,
`10022
`
` NY
`
`AMERICAN
`INTELLECT
`UAL
`PROPERTY
`LAW
`ASSOCIATI
`ON
`(AIPLA)
`Telephone:
`(703) 415-0780
`Fax: (703) 415-
`0786
`241 18th Street,
`South, Suite 700
`Arlington, VA
`22202
`
`AMERICA
`N
`ARBITRA
`TION
`ASSOCIA
`TION
`(AAA)
`
`Telephone:
`(212) 484-3266
`Fax: (212) 307-
`4387
`140 West 51st
`Street
`New York, NY
`10020
`
`WORLD
`INTELLEC
`TUAL
`PROPERT
`Y
`ORGANIZ
`ATION
`(WIPO)
`Telephone:
`41 22 338 9111
`Fax: 41 22 733
`5428
`34, chemin des
`Colombettes
`CH-1211 Geneva
`20, Switzerland
`
`www.cpradr.org
`
`www.aipla.org
`
`www.adr.org
`
`www.wipo.int
`
`AMERICAN
`BAR
`ASSOCIATI
`ON
`(ABA)
`
`Telephone :
`(202) 662-1000
`
`N/A
`1050 Connecticut
`Ave, NW
`Washington D.C.
`20036
`www.americanbar.
`org
`
`
`
`Case IPR201700854
`Patent No. 9,187,405
`
`If parties to an AIA trial proceeding consider using alternative dispute
`resolution, the PTAB would like to know whether the parties ultimately
`decided to engage in alternative dispute resolution and the reasons why or
`why not. If the parties actually engage in alternative dispute resolution, the
`PTAB would be interested to learn what mechanism (e.g., arbitration,
`mediation, etc.) was used and the general result. Such a statement from the
`parties is not required but would be helpful to the PTAB in assessing the
`value of alternative dispute resolution to parties involved in AIA trial
`proceedings. To report an experience with ADR, please forward a summary
`of
`
`the particulars
`
`to
`the
`following email
` address:
`PTAB_ADR_Comments@uspto.gov
`
`5
`
`