`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`AMNEAL PHARMACEUTICALS LLC AND
`AMNEAL PHARMACEUTICALS OF NEW YORK, LLC,
`Petitioners,
`
`v.
`
`ALMIRALL, LLC,
`Patent Owner.
`
`_____________________
`
`Case IPR2018-00608
`
`Patent 9,161,926 B2
`_____________________
`
`PETITIONERS’ OBJECTION TO
`PATENT OWNER’S DEMONSTRATIVES
`
`
`
`
`IPR2018-00608
`Patent 9,161,926 B2
`Amneal Pharmaceuticals LLC and Amneal Pharmaceuticals of New York,
`
`LLC (collectively, “Amneal”) objects to Patent Owner Almirall, LLC’s
`
`(“Almirall”) demonstratives in their entirety. Pursuant to 37 C.F.R. § 42.70(b) and
`
`the Board’s Order of May 14, 2019 (Paper 40, 3), the parties were to exchange
`
`demonstratives seven business days before their June 5, 2019 hearing—i.e., on
`
`Friday, May 24, in view of the Memorial Day holiday on May 27. Amneal timely
`
`served their demonstratives on May 24, but Almirall served its demonstratives on
`
`May 27, 2019, three days after the deadline.
`
`Counsel for the parties met and conferred on May 28 but were unable to
`
`resolve their dispute.
`
`Objection to Almirall’s demonstratives
`
`Amneal objects to Almirall’s demonstratives in their entirety (pages 1-27) as
`
`untimely because they were served 3 days after the May 24 deadline.
`
`
`
`
`
`
`Respectfully submitted,
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`Date: May 29, 2019
`1100 New York Avenue, N.W.
`Washington, DC 20005-3934
`(202) 371-2600
`
`
`
`Dennies Varughese, Pharm.D.
`Registration No. 61,868
`Attorney for Petitioners
`
`
`
`- 1 -
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE (37 C.F.R. §§ 42.6(e))
`
`The undersigned hereby certifies that the above-captioned "Petitioners’
`
`Objection to Patent Owner’s Demonstratives" were served in their entirety on May
`
`29, 2019, via email on the following:
`
`
`
`
`
`
`
`
`
`Elizabeth B. Hagen
`FENWICK & WEST LLP
`1191 Second Avenue, 10th Floor
`Seattle, WA 98101
`Telephone (206) 389-4510
`Facsimile (206)389-4511
`ehagan@fenwick.com
`
`
`
`
`
`
`
`
`
`
`
`
`James Trainor
`Vanessa Park-Thompson
`FENWICK & WEST LLP
`902 Broadway, Suite 14
`New York, NY 10010
`
`Telephone (212) 430-2600
`Facsimile (650)938-5200
`jtrainor@fenwick.com
`vpark-thompson@fenwick.com
`
`Jennifer R. Bush
`FENWICK & WEST LLP
`801 California Street
`Mountain View, CA 94041
`Telephone (650) 988-8500
`Facsimile (650) 938-5200
`jbush@fenwick.com
`
`
`
`
` Respectfully submitted,
`
`
`
`
`Date: May 29, 2019
`
`_______________________
` Dennies Varughese, Pharm.D.
`Lead Counsel for Petitioners
`1100 New York Avenue, N.W. Registration No. 61,868
`Washington, D.C.20005-3934
`
`(202) 371-2600
`
`
`
`
`
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`- 1 -
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`
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