`Tel: 571-272-7822
`
`Paper 9
`Entered: December 1, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`
`
`
`
`TARO PHARMACEUTICALS U.S.A., INC.,
`Petitioner,
`
`v.
`
`APOTEX TECHNOLOGIES, INC.,
`Patent Owner.
`
`Case IPR2017-01446
`Patent 7,049,328 B2
`
`
`Before LORA M. GREEN, JEFFREY N. FREDMAN, and
`ZHENYU YANG, Administrative Patent Judges.
`
`FREDMAN, Administrative Patent Judge.
`
`
`
`
`ERRATUM
`Institution of Inter Partes Review
`37 C.F.R. § 42.108
`
`
`
`
`
`An error was made in the claims identified as subject to the obviousness
`
`rejection in our Decision to Institute (Paper 7, 31, 34) and both pages are
`
`corrected to include claim 12 in the obviousness challenge as follows:
`
`
`
`IPR2017-01446
`Patent 7,049,328 B2
`
`We correct page 31 to include claim 12 as follows:
`
`H. Obviousness
`
`Petitioner contends that claims 1, 2, 4–17, and 19 are unpatentable
`
`under 35 U.S.C. § 103(a) as obvious over each of MIMS 1998, Hoffbrand
`
`1998, Olivieri abstract 1995, Agarwal 2000, and Olivieri 1995 in view of the
`
`knowledge of a person of ordinary skill in the art. Pet. 43–52.
`
`
`
`We correct page 34 to include claim 12 as follows:
`
`1. Analysis
`
`Both Petitioner and Patent Owner address the prior art in the entirety,
`
`rather than separately addressing combinations of particular references, so
`
`we will do likewise. We find that the current evidence of record better
`
`supports Petitioner’s position that each of Hoffbrand 1998, Olivieri abstract
`
`1995, and Olivieri 1995, in combination with the knowledge of the ordinary
`
`artisan, would have rendered claims 1, 2, 4–17, and 19 obvious. Petitioner
`
`has sufficiently demonstrated that these reference anticipate the claims.
`
`Thus, the claims are obvious.
`
`2
`
`
`
`IPR2017-01446
`Patent 7,049,328 B2
`
`PETITIONER:
`
`Huiya Wu
`Robert V. Cerwinski
`Sarah Fink
`GOODWIN PROCTER LLP
`hwu@goodwinlaw.com
`rcerwinski@goodwinlaw.com
`sfink@goodwinlaw.com
`
`
`PATENT OWNER:
`
`W. Blake Coblentz
`Aaron S. Lukas
`COZEN O’CONNOR
`WCoblentz@cozen.com
`ALukas@cozen.com
`
`
`3
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
