`Filed: November 12, 2018
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_____________________________
`
`MODERNA THERAPEUTICS, INC.,
`Petitioner,
` v.
`PROTIVA BIOTHERAPEUTICS, INC.,
`Patent Owner.
`
`—————————————————
`Case IPR2018-00680 (Patent 9,404,127)
`Case IPR2018-00739 (Patent 9,364,435)1
`_____________________________
`
`JOINT STIPULATION TO MODIFY THE SCHEDULING ORDER
`
`
`1 Word-for-word identical papers are filed in each proceeding identified in the
`caption
`
`
`
`
` Pursuant to the September 12, 2018 Scheduling Order entered in the above-
`captioned matters, the parties hereto present this Joint Stipulation to move DUE
`DATES 1 and 2 as follows:
`
`Previous Date
`Revised Date
`DUE DATE 1
`December 10, 2018
`December 19, 2018
`DUE DATE 2
`March 11, 2019
`March 20, 2019
`For ease of reference, the undersigned has attached hereto a copy of the
`Appendix from the Scheduling Order, containing the new deadlines inserted by
`hand.
`
`DUE DATES 3 through 7 remain unchanged.
`
`Respectfully submitted,
` Date: November 12, 2018
`
`
`/ Michael T. Rosato /
`
`
`
`
`
`
`
`
`Michael T. Rosato, Lead Counsel
` Reg. No. 52,182
`
`
`
`
`
`-1-
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I certify that the foregoing Joint Stipulation to Modify the Scheduling Order
`was served on November 12, 2018, on the Petitioner at the electronic service
`addresses of the Petitioner as follows:
`Michael Fleming
`C. Maclain Wells
`IRELL & MANELLA LLP
`mfleming@irell.com
`mwells@irell.com
`ModernaIPR@irell.com
`
`
`Respectfully submitted,
`
`Date: November 12, 2018
`/ Michael T. Rosato /
`
`
`Michael T. Rosato, Lead Counsel
`
`Reg. No. 52,182
`
`
`-2-
`
`
`
`
`
`IPR2018-00680 and lPR2018-00739
`
`Patents 9,404,127 B2 and 9,364,435 B2
`
`DUE DATE APPENDIX
`
`INITIAL CONFERENCE CALL
`
`..... October2, 2018
`
`DUE DATE 1
`............................................. DecembeFIOrZQ—l—S—
`.
`.
`D
`t
`a
`Patent owner’s response to the pet1t10n
`E‘EHSE?‘
`q '
`
`0 | 3
`
`Patent owner’s motion to amend the patent
`
`DUE DATE 2 .........................................................................W
`..
`7
`7
`,
`_.
`MAPLH @' Zotcl
`Petitioner s reply to patent owner 3 response to pet1t10n
`
`Petitioner’s opposition to motion to amend
`
`DUE DATE 3 ........................................................................... April 10, 2019
`
`Patent owner’s sur-reply to reply
`
`Patent owner’s reply to opposition to motion to amend
`
`DUE DATE 4 ............................................................................ May 10, 2019
`
`Petitioner’s sur-reply to reply to opposition to motion to amend
`
`Motion to exclude evidence
`
`Request for oral argument (may not be extended by stipulation)
`
`DUE DATE 5 ............‘................................................................ May 17,2019
`
`Opposition to motion to exclude
`
`DUE DATE6 ............................................................... May 24,2019
`
`Reply to opposition to motion to exclude
`
`Request for prehearing conference
`
`DUE DATE7 ................ June 6, 2019
`
`Oral argument (if requested)
`
`
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