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`Paper No. __
`Date Filed: April 10, 2017
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`Filed On Behalf Of:
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`Novartis AG
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`By:
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`Nicholas N. Kallas
`NKallas@fchs.com
`ZortressAfinitorIPR@fchs.com
`(212) 218-2100
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`ARGENTUM PHARMACEUTICALS LLC,
`Petitioner
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`v.
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`NOVARTIS AG,
`Patent Owner
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`Inter Partes Review No. 2017-01063
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`U.S. Patent 9,006,224
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`PATENT OWNER NOVARTIS’S RESPONSE TO
`PETITIONER ARGENTUM’S MOTION FOR JOINDER
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`Patent Owner Novartis AG (“Novartis”) does not oppose the March 10,
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`2017 joinder motion of Argentum Pharmaceuticals LLC (“Argentum”).
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`Nevertheless, to advance the “just, speedy, and inexpensive resolution” of joint
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`proceedings, Novartis respectfully requests that the Board order Argentum in joint
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`proceedings (i) to rely solely on the petition and the evidence filed by Par in
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`IPR2016-01479; (ii) to consolidate all briefing under the page limits of 37 C.F.R. §
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`42.24 and to share the pages that are allotted for written work product to Par in
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`IPR2016-01479; and (iii) to share with Par the time that is or will be allotted for
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`cross and redirect examination to Par in the IPR2016-01479.
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`
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`Precedent exists for those limitations. See, e.g., Bungie, Inc. v. Acceleration
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`Bay, LLC, IPR2016-00934, Paper 11 (July 8, 2016) at 13-14 (granting Bungie’s
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`motion for joinder, ordering that petitioners consolidate all briefing under the page
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`limits of 37 C.F.R. § 42.24, and ordering that Bungie not file any additional pages
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`to address points of disagreement with the Activision petitioners without first
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`moving for and obtaining the Board’s permission); ZTE USA, Inc. v. Evolved
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`Wireless LLC, IPR2016-01280, Paper 8 (Dec. 21, 2016) at 4 (consolidating
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`identical IPR petitions sua sponte, and ordering that petitioners “will share all time
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`permitted for depositions and will file all papers, except for papers that do not
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`involve the other petitioner, as a consolidated paper, and that consolidated papers
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`will not be given additional pages or words unless otherwise authorized by the
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`- 1 -
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`Board.”). Cf. Teva Pharms. USA, Inc. v. Viiv Healthcare Co., IPR2015-00550,
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`Paper 11 (June 25, 2015) at 6 (denying joinder where joinder raised the prospect
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`that the parties and the Board would have to manage burdensome additional pages
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`Respectfully submitted,
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`
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`
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`/Nicholas N. Kallas/
`Nicholas N. Kallas
`Registration No. 32,530
`Lead Counsel for Patent Owner
`FITZPATRICK, CELLA, HARPER
`& SCINTO
`1290 Avenue of the Americas
`New York, NY 10104-3800
`Tel. 212-218-2100
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`of briefing).
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`Dated: April 10, 2017
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`- 2 -
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`CERTIFICATE OF SERVICE
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`I certify that a copy of the foregoing Patent Owner Novartis’s Response To
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`Petitioner Argentum’s Motion For Joinder Of Its Petition was served on April 10,
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`2017 by causing it to be sent by email to counsel for Petitioner Argentum
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`Pharmaceuticals LLC in IPR2017-01063 and Petitioner Par Pharmaceutical, Inc. in
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`IPR2016-01479 at the following email addresses:
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`Argentum Pharmaceuticals LLC
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`Kevin B. Laurence (klaurence@lpiplaw.com)
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`Matthew C. Philips (mphilips@lpiplaw.com)
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`Tyler Liu (tliu@agpharm.com)
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`Par Pharmaceutical, Inc.
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`Daniel Brown (daniel.brown@lw.com)
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`Jonathan M. Strang (jonathan.strang@lw.com)
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`
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`Dated: April 10, 2017
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`FCHS_WS 13315681v1.doc
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`- 3 -
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`/Nicholas N. Kallas/
`Nicholas N. Kallas
`Registration No. 32,530
`Lead Counsel for Patent Owner
`FITZPATRICK, CELLA, HARPER
`& SCINTO
`1290 Avenue of the Americas
`New York, NY 10104-3800
`Tel. 212-218-2100
`
`
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