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`
`
`
`
`
`Paper No. ____
`Date filed: February 28, 2018
`
`
`Filed On Behalf Of:
`Novartis Pharmaceuticals Corporation
`and Breckenridge Pharmaceutical, Inc.
`
`By:
`Nicholas N. Kallas
`NKallas@fchs.com
`ZortressAfinitorIPR@fchs.com
`(212) 218-2100
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`BRECKENRIDGE PHARMACEUTICAL, INC.,
`
`
`
`Petitioner,
`
`v.
`
`NOVARTIS PHARMACEUTICALS CORPORATION,
`
`Patent Owner.
`
`
`
`Case IPR2017-01592
`
`Patent No. 8,410,131
`
`
`
`
`
`
`
`NOTICE OF JOINT STIPULATION TO MODIFY TRIAL DUE DATE 1
`
`
`
`

`

`Pursuant to the Board’s authorization in the January 3, 2018 Scheduling
`
`Order (Paper 13 at 2), Patent Owner Novartis Pharmaceuticals Corporation
`
`(“Patent Owner”) hereby provides notice to the Board that Patent Owner and
`
`Petitioner Breckenridge Pharmaceutical, Inc. (“Petitioner”) have stipulated to
`
`modify DUE DATE 1 as follows: DUE DATE 1 (currently set for March 28, 2018)
`
`is extended by one week to April 4, 2018.1
`
`Patent Owner and Petitioner agree that all other DUE DATES in the
`
`Scheduling Order remain the same.
`
`
`
`
`
`
`
`
`
`
`
`
`1 A petition for Inter Partes Review of U.S. Patent No. 8,410,131 and a motion for
`
`joinder to the instant proceeding are currently pending in West-Ward
`
`Pharmaceuticals International Limited v. Novartis Pharmaceuticals Corporation,
`
`Inter Partes Review No. 2018-00507 (Papers 2 and 3). Petitioner West-Ward
`
`Pharmaceuticals International Limited in that proceeding confirmed that it does not
`
`object to the above amendment of DUE DATE 1 in the instant proceeding.
`
`
`
`1
`
`

`

`Dated: February 28, 2018
`
`Respectfully submitted,
`
`/ Nicholas N. Kallas /
`Nicholas N. Kallas
`Registration No. 31,530
`Lead Counsel for Patent Owner
`FITZPATRICK, CELLA, HARPER
`& SCINTO
`1290 Avenue of the Americas
`New York, NY 10104-3800
`Tel. 212-218-2100
`
` /
`
` Daniel R. Evans /
`Daniel R. Evans
`Registration No. 55,868
`Lead Counsel for Petitioner
`MERCHANT & GOULD P.C.
`191 Peachtree Street, NE,
`Suite 3800
`Atlanta, GA 30303
`Tel. 404-954-5100
`
`
`
`
`
`2
`
`
`
`
`
`
`
`

`

`CERTIFICATE OF SERVICE
`
`
`
`I certify that a copy of the foregoing NOTICE OF JOINT STIPULATION
`
`TO MODIFY TRIAL DUE DATE 1 was served on February 28, 2018 by causing
`
`it to be sent by email to counsel for Petitioner at the following email addresses:
`
`Daniel R. Evans (devans@merchantgould.com)
`
`Jeffrey D. Blake (jblake@merchantgould.com)
`
`Melissa M. Hayworth (mhayworth@merchantgould.com)
`
`I further certify that a copy of the foregoing NOTICE OF JOINT
`
`STIPULATION TO MODIFY TRIAL DUE DATE 1 was served on February 28,
`
`2018 by causing it to be sent by email to counsel for Petitioner West-Ward
`
`Pharmaceuticals International Limited in Inter Partes Review No. 2018-00507 at
`
`the following email addresses:
`
`Keith A. Zullow (kzullow@goodwinprocter.com)
`
`Marta E. Delsignore (mdelsignore@goodwinprocter.com)
`
`
`
`Dated: February 28, 2018
`
`
`
`
`
`3
`
`/ Nicholas N. Kallas /
`Nicholas N. Kallas
`Registration No. 31,530
`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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