`
`Trials@uspto.gov
`571-272-7822 Entered: December 31, 2018
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`WEST-WARD PHARMACEUTICALS INTERNATIONAL LIMITED
`Petitioner,
`
`v.
`
`NOVARTIS PHARMACEUTICALS CORP.,
`Patent Owner.
`____________
`
`Case IPR2017-015921
`Patent 8,410,131 B2
`____________
`
`
`Before ROBERT A. POLLOCK and JACQUELINE T. HARLOW,
`Administrative Patent Judges.
`
`POLLOCK, Administrative Patent Judge.
`
`
`
`ORDER
`Adjusting One-Year Pendency Due to Joinder
`35 U.S.C. § 316(a)(11); 37 C.F.R § 42.100(c)
`
`
`
`
`
`1 IPR2018-00507 has been joined to this proceeding. Paper 29, 6–7.
`
`
`
`IPR2017-01592
`Patent 8,410,131 B2
`
`
`INTRODUCTION
`I.
`Breckenridge Pharmaceutical, Inc. (“Breckenridge”) filed a Petition for an
`inter partes review of claims 1–3 and 5–9 of U.S. Patent No. 8,410,131 B2. Paper
`1. On January 3, 2018, we instituted trial with respect to all challenged claims.
`Paper 12, 35. We subsequently joined Petitioner West-Ward Pharmaceuticals
`International, Inc. from proceeding IPR2018-00507 to the present proceeding.
`Paper 29, 6–7. Breckenridge and Patent Owner later filed a Joint Motion to
`Terminate IPR as to Breckenridge (Paper 52), which we granted (Paper 57, 4).
`Pursuant to 35 U.S.C. § 316(a)(11), “the final determination in an inter
`partes review [shall] be issued not later than 1 year after the date on which the
`Director notices the institution of a review under this chapter, except that the
`Director . . . may adjust the time periods in this paragraph in the case of joinder
`under section 315(c).” The Director has delegated the authority to adjust the one-
`year period to the Board. See 37 C.F.R. § 42.100(c). In particular, 37 C.F.R.
`§ 42.100(c) provides:
`An inter partes review proceeding shall be administered such that
`pendency before the Board after institution is normally no more than
`one year. The time can be . . . adjusted by the Board in the case of
`joinder.
`In accordance with 37 C.F.R. § 42.100(c), the Board adjusts the time of
`pendency before the Board in the present proceeding, which involves joinder, by
`six months to permit the Board to consider and determine the pending issues. The
`
`2
`
`
`
`IPR2017-01592
`Patent 8,410,131 B2
`
`Board shall issue a Final Written Decision in this proceeding no later than June 3,
`2019.
`
`
`It is
`ORDERED that the time of pendency in this proceeding, which involves
`joinder, is adjusted by six months; and
`FURTHER ORDERED that the Board shall issue a Final Written Decision
`in this proceeding no later than July 3, 2019.
`
`
`
`For PETITIONER:
`
`Keith Zullow
`Marta Delsignore
`Michael Cottler
`GOODWIN PROCTER LLP
`kzullow@goodwinprocter.com
`mdelsignore@goodwinprocter.com
`mcottler@goodwinlaw.com
`
`For PATENT OWNER:
`
`Nicholas Kallas
`VENABLE LLP
`nkallas@venable.com
`
`Laura Fishwick
`Susanne Flanders
`FITZPATRICK, CELLA, HARPER & SCINTO
`lfishwick@fchs.com
`sflanders@fchs.com
`
`
`
`
`3
`
`
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