`U.S. Patent No. 9,173,857
`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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` KVK-TECH, INC.,
`Petitioner
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`v.
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`SHIRE PLC,
`Patent Owner
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`Case IPR2018-00293
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`U.S. Patent No. 9,173,857
`TITLE: CONTROLLED DOSE DRUG DELIVERY SYSTEM
`Issue Date: November 3, 2015
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` KVK’S NOTICE OF APPEAL
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`Mail Stop Patent Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`Case IPR2018-00293
`U.S. Patent No. 9,173,857
`Pursuant to 35 U.S.C. §§ 141, 142, and 319, and in accordance with 37
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`C.F.R. §§ 90.2-90.3, Petitioner KVK-Tech, Inc. (“KVK”) appeals to the United
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`States Court of Appeals for the Federal Circuit from the Final Written Decision of
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`the Patent Trial and Appeal Board (“Board”) entered on July 3, 2019 in Case
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`IPR2018-00293 (Paper 56) (“Final Written Decision”), and from all underlying
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`findings, determinations, rulings, opinions, orders, and decisions regarding the
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`inter partes review of U.S. Patent No. 9,173,857 (“the ’857 patent”). This Notice
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`of Appeal is timely filed within 63 days of the Final Written Decision.
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`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), KVK states that the issues on
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`appeal may include, but are not limited to: the Board’s determination that Claims 1
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`- 19 and 29 of the ‘857 patent are not unpatentable as anticipated by prior art U.S.
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`Patent No. 6,605,300 (“Burnside”); the Board’s determination that Claims 1-29 of
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`the ‘857 patent are not unpatentable as obvious over Burnside alone, or as obvious
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`over Burnside in combination with Patent Owner’s prior art product Adderall XR;
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`the Board’s consideration of the expert testimony, prior art, and other evidence in
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`the record;
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`the Board’s factual findings, conclusions of
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`law, or other
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`determinations supporting or related to those issues, as well as all other issues
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`decided adversely to KVK in any orders, decisions, rulings, and opinions.
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`This Notice of Appeal is being e-filed with the Clerk’s Office for the United
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`States Court of Appeals for the Federal Circuit, along with payment of the required
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`2
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`Case IPR2018-00293
`U.S. Patent No. 9,173,857
`docketing fees. In addition, a copy of this Notice of Appeal is being filed
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`simultaneously with the Patent Trial and Appeal Board and with the Director of the
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`United States Patent and Trademark Office.
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`Dated: August 29, 2019
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`Respectfully submitted,
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`s/Steven Roth/
`Steven D. Roth (Reg. No. 47,039)
`sroth@lmiplaw.com
`Lucas & Mercanti, LLP
`30 Broad Street
`New York, NY 10004
`Telephone: 212-661-8000
`Facsimile: 212-661-8002
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`Lead Counsel for Petitioner
`KVK-Tech, Inc.
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`3
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`Case IPR2018-00293
`U.S. Patent No. 9,173,857
`CERTIFICATE OF FILING
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`The undersigned certifies that on August 29, 2019, in addition to filing the
`foregoing electronically through PTAB E2E, a copy of this Notice of Appeal was
`deposited with Priority Mail Express on August 29, 2019 for filing with the
`Director of the United States Patent and Trademark Office, at the following
`address:
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`Office of the Solicitor
`United States Patent and Trademark Office
`Mail Stop 8
`Post Office Box 1450
`Alexandria, Virginia 22313-1450
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`The undersigned also certifies that on August 29, 2019, a copy of this Notice
`of Appeal was filed electronically through the United States Court of Appeals for
`the Federal Circuit’s CM/ECF system.
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`Dated: August 29, 2019
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`Respectfully submitted,
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`s/Steven Roth/
`Steven Roth (Reg. No. 47,039)
`sroth@lmiplaw.com
`Lucas & Mercanti, LLP
`30 Broad Street
`New York, NY 10004
`Telephone: 212-661-8000
`Facsimile: 212-661-8002
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`Lead Counsel for Petitioner
`KVK-Tech, Inc.
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`Case IPR2018-00293
`U.S. Patent No. 9,173,857
`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that on August 29,
`2019, a complete copy of the foregoing was served on counsel of record for all
`parties by filing this document through PTAB E2E and by sending this document
`via electronic mail to the following addresses:
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`Joseph R. Robinson
`Troutman Sanders LLP
`875 Third Avenue
`New York, NY 10022
`joseph.robinson@troutmansanders.com
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`Dustin B. Weeks
`Troutman Sanders LLP
`Bank of America Plaza
`600 Peachtree Street NE, Suite 5200
`Atlanta, GA 30308-2231
`dustin.weeks@troutmansanders.com
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`Robert Schaffer Troutman
`Sanders LLP 875 Third
`Avenue New York, NY
`10022
`robert.schaffer@troutmansanders.com
`Patent Owner has consented to electronic service.
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`Dated: August 29, 2019
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`Respectfully submitted,
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`s/Steven Roth/
`Steven Roth (Reg. No. 47,039)
`sroth@lmiplaw.com
`Lucas & Mercanti, LLP
`30 Broad Street
`New York, NY
`10004
`Telephone: 212-661-8000
`Facsimile: 212-661-8002
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`Lead Counsel for Petitioner KVK-
`Tech, Inc.
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