`_______________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`
`Aurobindo Pharma USA Inc.
`Petitioner
`v.
`
`Andrx Labs, LLC,
`Teva Pharmaceuticals USA INC., and Shionogi Inc.
`Patent Owner.
` _______________
`Case IPR2017-01648
`U.S. Patent No.: 6,866,866
` to Chen et al.
`Issue Date: March 15, 2005
`Title: Controlled Release
` Metformin Compositions
` ________________
`
`
`
`
`
`JOINT MOTION TO LIMIT THE PETITION
`
`
`/--/
`
`
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`
`
`1.
`
`
`
`
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`
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`Pursuant to the Board's May 9, 2018 Order regarding Conduct of the
`
`Proceedings (Paper No. 20) and the authorization by the Board for the parties to
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`file within one week of the date of the Order a Joint Motion to Limit the Petition to
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`either remove claims or grounds (or both) upon which institution did not occur in
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`the institution decision, Petitioner and Patent Owner hereby submit this Joint
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`Motion to Limit the Petition to the actual Ground of Institution set forth at Paper
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`No. 12 (instituting on Ground 3, Obviousness of claims 1-25 over Timmins and
`
`Cheng, p. 15).
`
`Date: May 16, 2018
`
`Date: May 16, 2018
`
`Respectfully Submitted,
`
`/Steven J. Moore/
`Steven J. Moore, Esq.
`Registration No. 35,959
`Withers Bergman LLP
`1700 East Putnam Avenue
`Greenwich, CT 069870
`203-302-4100
`
`For Petitioner Aurobindo Pharma USA Inc.
`
`/David L. Cavanaugh/
`David L. Cavanaugh
`Registration No. 36,476
`1875 Pennsylvania Avenue NW
`Washington, DC 20006
`(202) 663-6025
`
`For Patent Owner Andrx Labs, LLC
`
`/--/
`
`2.
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`
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`CERTIFICATE OF SERVICE
`
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`I hereby certify that, on May 16, 2018, I caused a true and correct copy of the
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`foregoing materials:
`
`JOINT MOTION TO LIMIT THE PETITION
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`to be served through the Patent Trial and Appeal Board End to End System as well
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`as delivering a copy via electronic mail upon the following attorneys of record for
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`Patent Owner as well:
`
`David L. Cavanaugh
`Registration No. 36,476
`1875 Pennsylvania Avenue NW
`Washington, DC 20006
`(202) 663-6025
`david.cavanaugh@wilmerhale.com
`
`
`
`
`/--/
`
`/Natalie Quagliani/
`Natalie Quagliani
`Withers Bergman LLP
`1700 E. Putnam Avenue
`
`3.
`
`
`
`
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