`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________
`
`
`PAR PHARMACEUTICAL, INC.,
`Petitioner,
`
`v.
`
`HORIZON THERAPEUTICS, LLC,
`Patent Owner.
`
`_____________________
`
`Case No.: IPR2017-01769
`U.S. Patent No. 9,326,966
`_____________________
`
`PETITIONER’S MOTION TO ACCEPT FILING OF PETITIONER’S
`REPLY TO PATENT OWNER’S RESPONSE TO THE PETITION
`ON AUGUST 16, 2018 UNDER 37 C.F.R. § 42.6(b)
`
`
`
`
`
`
`
`
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`
`IPR2017-01769
`Petitioner’s Motion to Accept Filing of Petitioner’s Reply
`to Patent Owner Response to the Petition on August 16, 2018
`TABLE OF CONTENTS
`
`
`
`
`
`
`
`Introduction ...................................................................................................... 1
`Statement of Material Facts ............................................................................. 1
` Relief Requested .............................................................................................. 2
` Statement of the Reasons for Relief Requested .............................................. 2
`Conclusion ....................................................................................................... 4
`
`
`
`
`i
`
`
`
`IPR2017-01769
`Petitioner’s Motion to Accept Filing of Petitioner’s Reply
`to Patent Owner Response to the Petition on August 16, 2018
`INTRODUCTION
`Petitioner Par Pharmaceutical, Inc. (“Par”) respectfully requests a filing date
`
`
`
`of August 16, 2018 for its Reply to the Patent Owner’s Response to the Petition in
`
`this proceeding. As laid out below, Par filed its Reply on August 16, 2018 using
`
`alternate means directed by the Patent Trial and Appeal Board (“PTAB”), because
`
`the PTAB’s End to End (“E2E”) system was offline that entire day.
`
`Par herewith submits along with this motion its Reply and accompanying
`
`exhibits that it served on Patent Owner Horizon Therapeutics, LLC (“Horizon”) on
`
`August 16, 2018 following the instructions provided in Question A2 of the PTAB
`
`E2E Frequently Asked Questions (available at https://www.uspto.gov/patents-
`
`application-process/patent-trial-and-appeal-board/ptab-e2e-frequently-asked-
`
`questions).
`
`
`
`STATEMENT OF MATERIAL FACTS
`On August 16, 2018, Par filed its Reply using alternate means directed by
`
`the PTAB, because the E2E system was offline that entire day. (EX1029, ¶ 4.) Par
`
`contacted the Board for guidance in how to proceed and confirmed that it should
`
`follow the instructions provided at Question A2 of the PTAB E2E Frequently
`
`Asked Questions (available at https://www.uspto.gov/patents-application-
`
`process/patent-trial-and-appeal-board/ptab-e2e-frequently-asked-questions).
`
`(Id., ¶ 5.)
`
`1
`
`
`
`IPR2017-01769
`Petitioner’s Motion to Accept Filing of Petitioner’s Reply
`to Patent Owner Response to the Petition on August 16, 2018
`Following these instructions, Par served by email its Reply and
`
`accompanying exhibits on counsel for Horizon. (Id., ¶ 6; EX1030.) Par also
`
`notified the Board by email, with Horizon’s counsel copied, that it had served
`
`Horizon with those documents. (EX1029, ¶ 7; EX1031.)
`
`Par became aware on August 21, 2018 that the E2E system’s functionality
`
`was restored. (EX1029, ¶ 8.) Par now concurrently submits herewith to the E2E
`
`system the current motion under 37 C.F.R. § 42.6(b), Par’s Reply, the exhibits to
`
`Par’s Reply, Par’s Updated Exhibit List, and an affidavit (EX1029) attesting to the
`facts outlined above.
` RELIEF REQUESTED
`Par requests that the Board deem filed and accepted, as of August 16, 2018,
`
`Par’s Reply being submitted herewith to the E2E system.
`
` STATEMENT OF THE REASONS FOR RELIEF REQUESTED
`Per the instructions provided at Question A2, “[i]f PTAB E2E is unavailable
`
`during normal business hours or other unscheduled outage periods, . . . documents
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`. . . may be served on opposing counsel via email, and the Board notified of the
`
`service by email copying opposing counsel.” (see https://www.uspto.gov/patents-
`
`application-process/patent-trial-and-appeal-board/ptab-e2e-frequently-asked-
`
`questions.) Documents served in this manner “must be followed by a later-filed
`
`motion requesting accceptance [sic] of the submission once PTAB E2E is
`
`2
`
`
`
`IPR2017-01769
`Petitioner’s Motion to Accept Filing of Petitioner’s Reply
`to Patent Owner Response to the Petition on August 16, 2018
`available.” (Id.) And “[t]he . . . document will be accorded the date on the
`
`certificate of service as the identified filing date.” (Id. (citing 37 C.F.R. § 42.6(b).)
`
`As set forth above, Par complied with these instructions by (1) serving Par’s
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`Reply on Horizon on August 16, 2018 (EX1030); (2) providing the Board with
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`notice of Par’s service of its Reply (EX1031); and (3) electronically filing the
`
`instant motion concurrently with Par’s Reply now that the E2E system’s
`
`functionality has been restored. Par, therefore, requests that the Board accept the
`
`submission of Par’s Reply and accord it a filing date of August 16, 2018, as noted
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`on the certificate of service of Par’s Reply.
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`Further, because the E2E system is designed to automatically assign a filing
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`date to a submission based on when the submission is entered into E2E, Par also
`
`moves the Board to correct the E2E system indication of filing date associated with
`
`the August 16, 2018 Reply from the filing date reflected in the E2E system to its
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`actual filing date of August 16, 2018, which is the date on which Par complied
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`with the Board’s requirements for filing provided in Question A2.
`
`Please apply any fees or any credits to Deposit Account No. 013050.
`
`3
`
`
`
`IPR2017-01769
`Petitioner’s Motion to Accept Filing of Petitioner’s Reply
`to Patent Owner Response to the Petition on August 16, 2018
` CONCLUSION
`For the reasons discussed above, Par requests that the Board deem Par’s
`
`Reply filed on August 16, 2018 and accept its submission to the E2E system as of
`
`that date.
`
`Dated: August 21, 2018
`
`
`
`
`David H. Silverstein (Reg. No. 61,948)
`AXINN, VELTROP & HARKRIDER LLP
`114 West 47th Street, 22nd Floor
`New York, NY 10036
`(212) 261-5651
`
`Counsel for Petitioner
`Par Pharmaceutical, Inc.
`
`4
`
`
`
`IPR2017-01769
`Petitioner’s Motion to Accept Filing of Petitioner’s Reply
`to Patent Owner Response to the Petition on August 16, 2018
`CERTIFICATION OF SERVICE (37 C.F.R. §§ 42.6(e))
`The undersigned hereby certifies that the above-captioned “Petitioner’s
`
`Motion to Accept Filing of Petitioner’s Reply to Patent Owner Response to the
`
`Petition on August 16, 2018,” including its supporting evidence (Exhibits 1029 –
`
`1031), was served in its entirety on August 21, 2018 upon the following parties via
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`Electronic Mail, as agreed to by counsel:
`
`Robert Green: rgreen@greengriffith.com
`Matthew Phillips: mphillips@lpiplaw.com
`Emer Simic: esimic@greengriffith.com
`Dennis Bennett: dennisbennett@globalpatentgroup.com
`Ann Kotze: akotze@greengriffith.com
`
`
`Dated: August 21, 2018
`
`
`David H. Silverstein (Reg. No. 61,948)
`AXINN, VELTROP & HARKRIDER LLP
`114 West 47th Street, 22nd Floor
`New York, NY 10036
`(212) 261-5651
`
`Counsel for Petitioner
`Par Pharmaceutical, Inc.
`
`
`
`
`
`
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