`To:
`Cc:
`Subject:
`Date:
`
`Trials
`Stringham, Jared
`#ZortressAfinitorIPR; kzullow@goodwinprocter.com; mdelsignore@goodwinprocter.com; uspto; Trials
`RE: IPR2017-01592
`Friday, August 17, 2018 1:06:04 PM
`
`Counsel,
`
`Patent Owner’s Observations on Cross-Examination of Allan J. Pantuck, M.D., were due, and timely
`filed, on August 8, 2018. The U.S. Patent and Trademark Office’s August 10, 2018 updates to the
`Office Patent Trial Practice Guide do not indicate that filing of a sur-reply in place of such
`Observations is intended to be retroactive. Accordingly, Patent Owner’s request is denied. No
`conference is necessary.
`
`Carrie M. Johnson
`Detailee Supervisory Paralegal Specialist
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`Phone: (571) 272-5169
`Email: carrie.johnson@uspto.gov
`
`
`
`From: Stringham, Jared <Jstringham@fchs.com>
`Sent: Wednesday, August 15, 2018 1:42 PM
`To: Trials <Trials@USPTO.GOV>
`Cc: #ZortressAfinitorIPR <ZortressAfinitorIPR@fchs.com>; kzullow@goodwinprocter.com;
`mdelsignore@goodwinprocter.com; uspto <uspto@fchs.com>
`Subject: IPR2017-01592
`
`Dear Judges Snedden, Pollock, and Harlow,
`
`In view of the U.S. Patent and Trademark Office’s recent updates to the Office Patent Trial Practice
`Guide published on August 10, 2018, which replaced the previous practice of filing observations on
`cross-examination with a sur-reply, Patent Owner respectfully requests authorization from the Board
`to file a sur-reply in place of Novartis’s Patent Owner Observations on Cross-Examination of Allan J.
`Pantuck, M.D., filed on August 8, 2018 (Paper 60).
`
`Patent Owner has conferred with Petitioner about Patent Owner’s intent to request a sur-reply.
`Petitioner indicated that it would oppose Patent Owner’s request.
`
`Counsel for Patent Owner and Petitioner are available for a conference call on Thursday, August 16
`from 10:00 am to 1:00 pm EST or Friday, August 17 from 10:00 am to 4:00 pm EST, or on an
`alternate day that is convenient for the Board. Patent Owner appreciates the Board’s consideration
`of this request and looks forward to its response.
`
`
`
`
`Respectfully submitted,
`Jared
`
`Jared Stringham
`FITZPATRICK, CELLA, HARPER & SCINTO
`1290 Avenue of the Americas
`New York, NY 10104-3800
`T 212-218-2523
`F 212-218-2200
`Jstringham@fchs.com
`http://www.fitzpatrickcella.com
`Bio
`
`
`
`
`This email message and any attachments are intended for the use of the addressee(s) indicated above.
`Information that is privileged or otherwise confidential may be contained therein. If you are not the intended
`recipient(s), you are hereby notified that any dissemination, review or use of this message, documents or
`information contained therein is strictly prohibited. If you have received this message in error, please
`immediately delete it and notify us by telephone at (212) 218-2100. Thank you.
`
`
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