`Tel: 571-272-7822
`
`Paper 58
`Entered: June 21, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`CELLTRION, INC.,
`Petitioner,
`
`v.
`
`GENENTECH, INC.,
`Patent Owner.
`____________
`
`Case IPR2017-01373 (Patent 6,407,213 B1)
` Case IPR2017-01374 (Patent 6,407,213 B1)1
`____________
`
`
`Before SHERIDAN K. SNEDDEN, ZHENYU YANG, and
`ROBERT A. POLLOCK, Administrative Patent Judges.
`
`POLLOCK, Administrative Patent Judge.
`
`
`
`ORDER
`Authorizing Briefing on Motion to Strike
`37 C.F.R. § 42.5
`
`
`1 This order addresses issues that are common to both cases. We, therefore,
`issue a single order that has been entered in each case.
`
`
`
`IPR2017-01373 (Patent 6,407,213 B1)
`IPR2017-01374 (Patent 6,407,213 B1)
`
`
`
`A conference call in the above proceedings was held on June 18,
`
`2018, among respective counsel for Petitioner and Patent Owner, and Judges
`
`Pollock, Snedden, and Yang. The purpose of the call was to discuss Patent
`
`Owner’s request for authorization to file a motion to strike certain arguments
`
`and evidence cited in Petitioner’s May 25, 2018 Reply Brief relating to
`
`Foote reference (Ex. 1193)2. A court reporter was on the call. Counsel for
`
`Patent Owner will file a copy of the transcript when it becomes available to
`
`maintain the record of the proceedings. Considering the arguments set forth
`
`on the call, we agree with Patent Owner that briefing on this issue is
`
`warranted.
`
`Accordingly, it is hereby:
`
`ORDERED that Patent Owner is authorized to file a motion to strike
`
`portions of Petitioner’s Reply and associated evidence in each of the instant
`
`proceedings. Patent Owner’s motion is limited to 10 pages and shall be filed
`
`on or before the close of business on Friday, June 22, 2018.
`
`FURTHER ORDERED that Petitioner is authorized to file, in each of
`
`the instant proceedings, a response to Patent Owner’s motion. Petitioner’s
`
`responsive brief is limited to 10 pages and shall be filed on or before the
`
`close of business on Friday, July 7, 2018.
`
`
`
`
`
`
`
`
`
`
`
`
`2 This exhibit has the same number in both cases.
`
`2
`
`
`
`IPR2017-01373 (Patent 6,407,213 B1)
`IPR2017-01374 (Patent 6,407,213 B1)
`
`
`
`
`PETITIONER:
`
`Cynthia Hardman
`Elizabeth J. Holland
`Robert V. Cerwinski
`Linnea P. Cipriano
`Sarah J. Fischer
`GOODWIN PROCTER LLP
`chardman@goodwinlaw.com
`eholland@goodwinlaw.com
`rcerwinski@goodwinlaw.com
`lciprioano@goodwinlaw.com
`sfischer@goodwinlaw.com
`
`
`
`PATENT OWNER:
`
`David L. Cavanaugh
`Lauren V. Blakely
`Rober J. Gunther, Jr.
`Andrew J. Danford
`Lisa J. Pirozzolo
`Kvein S. Prussia
`WILMER CUTLER PICKERING HALE and DORR LLP
`David.Cavanaugh@wilmerhale.com
`Lauren.Blakely@wilmerhale.com
`Robert.Gunther@wilmerhale.com
`Andrew.Danford@wilmerhale.com
`Lisa.Pirozzolo@wilmerhale.com
`Kevin.Prussia@wilmerhale.com
`
`Adam R. Brausa
`Daralyn J. Durie
`DURIE TANGRI LLP
`abrausa@durietangri.com
`ddurie@durietangri.com
`
`3
`
`