`571.272.7822
`
`
`
`
`
`
`
` Paper No. 40
` Entered: April 27, 2018
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`WATSON LABORATORIES, INC.
`Petitioner,
`
`v.
`
`UNITED THERAPEUTICS, CORP.
`Patent Owner.
`____________
`
`Case IPR2017-01622
`Patent 9,339,507 B2
`____________
`
`
`Before TONI R. SCHEINER, ERICA A. FRANKLIN,
`and DAVID COTTA, Administrative Patent Judges.
`
`COTTA, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceedings
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`
`
`
`IPR2017-01622
`Patent 9,339,507 B2
`
`
` ANALYSIS
`
`On April 16, 2018, the Board received an email in which Watson
`
`Laboratories, Inc. (“Petitioner”) requested authorization to file a replacement
`
`Exhibit 1055 in IPR2017-01622 and have the originally-filed Exhibit 1055
`
`expunged from the record. Ex. 3007. In the email Petitioner states: “During
`
`the preparation for the deposition of Dr. McDuff, Petitioner’s counsel
`
`became aware that Dr. McDuff’s declaration was missing some content that
`
`was filed in connection with IPR2017-01621, but not with the otherwise
`
`substantively-identical declaration in IPR2017-01622.” Id. Petitioner
`
`represents that Patent owner does not object to the submission of the
`
`corrected exhibit. Id.
`
`II. ORDER
`
`In consideration of the foregoing, it is hereby ORDERED that
`
`Petitioner is authorized to file a replacement Exhibit 1055 in IPR2017-
`
`01622, wherein such replacement differs from the originally-filed Exhibit
`
`1055 only with respect to the addition of the missing content that was
`
`included in the corresponding exhibit filed in IPR2017-01621. It is further
`
`ORDERED that the version of Exhibit 1055 filed on June 21, 2017 shall be
`
`expunged from the record.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`2
`
`
`
`IPR2017-01622
`Patent 9,339,507 B2
`
`
`PETITIONER:
`
`Michael Nutter
`mnutter@winston.com
`
`Andrew Sommer
`asommer@winston.com
`
`
`PATENT OWNER:
`
`Stephen Maebius
`smaebius@foley.com
`
`George Quillin
`gquillin@foley.com
`
`Shaun Snader
`ssnader@unither.com
`
`Douglas Carsten
`dcarsten@wsgr.com
`
`Richard Torczon
`rtorczon@wsgr.com
`
`Robert Delafield
`bdelafield@wsgr.com
`
`Veronica Ascarrunz
`vascarrunz@wsgr.com
`
`
`3
`
`
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