`Tel: 571-272-7822
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`Paper 9
`Entered: December 1, 2017
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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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`TARO PHARMACEUTICALS U.S.A., INC.,
`Petitioner,
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`v.
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`APOTEX TECHNOLOGIES, INC.,
`Patent Owner.
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`Case IPR2017-01446
`Patent 7,049,328 B2
`
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`Before LORA M. GREEN, JEFFREY N. FREDMAN, and
`ZHENYU YANG, Administrative Patent Judges.
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`FREDMAN, Administrative Patent Judge.
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`
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`ERRATUM
`Institution of Inter Partes Review
`37 C.F.R. § 42.108
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`An error was made in the claims identified as subject to the obviousness
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`rejection in our Decision to Institute (Paper 7, 31, 34) and both pages are
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`corrected to include claim 12 in the obviousness challenge as follows:
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`IPR2017-01446
`Patent 7,049,328 B2
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`We correct page 31 to include claim 12 as follows:
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`H. Obviousness
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`Petitioner contends that claims 1, 2, 4–17, and 19 are unpatentable
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`under 35 U.S.C. § 103(a) as obvious over each of MIMS 1998, Hoffbrand
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`1998, Olivieri abstract 1995, Agarwal 2000, and Olivieri 1995 in view of the
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`knowledge of a person of ordinary skill in the art. Pet. 43–52.
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`We correct page 34 to include claim 12 as follows:
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`1. Analysis
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`Both Petitioner and Patent Owner address the prior art in the entirety,
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`rather than separately addressing combinations of particular references, so
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`we will do likewise. We find that the current evidence of record better
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`supports Petitioner’s position that each of Hoffbrand 1998, Olivieri abstract
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`1995, and Olivieri 1995, in combination with the knowledge of the ordinary
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`artisan, would have rendered claims 1, 2, 4–17, and 19 obvious. Petitioner
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`has sufficiently demonstrated that these reference anticipate the claims.
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`Thus, the claims are obvious.
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`2
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`IPR2017-01446
`Patent 7,049,328 B2
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`PETITIONER:
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`Huiya Wu
`Robert V. Cerwinski
`Sarah Fink
`GOODWIN PROCTER LLP
`hwu@goodwinlaw.com
`rcerwinski@goodwinlaw.com
`sfink@goodwinlaw.com
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`PATENT OWNER:
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`W. Blake Coblentz
`Aaron S. Lukas
`COZEN O’CONNOR
`WCoblentz@cozen.com
`ALukas@cozen.com
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`3
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