Trials@uspto.gov
`571-272-7822
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`Paper 30
`Date: November 20, 2018
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`MYLAN PHARMACEUTICALS INC.,
`Petitioner,
`
`v.
`
`BRISTOL-MYERS SQUIBB COMPANY and PFIZER INC.,
`Patent Owners.
`
`
`
`Case IPR2018-00892
`Patent 9,326,945 B2
`
`
`
`
`
`Before SHERIDAN K. SNEDDEN and ZHENYU YANG,
`Administrative Patent Judges.
`
`
`SNEDDEN, Administrative Patent Judge.
`
`
`
`ORDER
`Authorizing Motion to Correct a Clerical or Typographical Mistake
`Authorizing Motion to File Supplemental Information
`37 C.F.R. §§ 42.104(c), 42.123(a)
`
`
`571-272-7822
`
`
`
`
`
`
`
`Paper 30
`Date: November 20, 2018
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`MYLAN PHARMACEUTICALS INC.,
`Petitioner,
`
`v.
`
`BRISTOL-MYERS SQUIBB COMPANY and PFIZER INC.,
`Patent Owners.
`
`
`
`Case IPR2018-00892
`Patent 9,326,945 B2
`
`
`
`
`
`Before SHERIDAN K. SNEDDEN and ZHENYU YANG,
`Administrative Patent Judges.
`
`
`SNEDDEN, Administrative Patent Judge.
`
`
`
`ORDER
`Authorizing Motion to Correct a Clerical or Typographical Mistake
`Authorizing Motion to File Supplemental Information
`37 C.F.R. §§ 42.104(c), 42.123(a)
`
`
`
`IPR2018-00892
`Patent 9,326,945 B2
`
`INTRODUCTION
`
`I.
`
`In an email sent to the Board on November 14, 2018, counsel for
`
`Petitioner requested a conference call seeking authorization to file a Motion
`
`to Correct a Clerical or Typographical Mistake pursuant to 37 C.F.R. §
`
`42.104(c) and a Motion to File Supplemental Information pursuant to
`
`37 C.F.R. § 42.123(a). A telephone conference was held among respective
`
`counsel for the parties and Judges Snedden and Yang on
`
`November 16, 2018. Petitioner additionally provided a court reporter for the
`
`conference call. Petitioner is hereby ordered to file the transcript for the
`
`conference call by December 3, 2018. This order summarizes the statements
`
`made during the conference call.
`
`A. Motion to Correct a Clerical or Typographical Mistake
`
`During the call, Petitioner sought authorization to file a Motion to
`
`Correct a Clerical or Typographical Mistake to correct errors in the Petition
`
`(Paper No. 1) and the Park Declaration (Ex. 1002) incorrectly referring to
`
`the Rudnic reference (Ex. 1010) as part of the fourth edition of Modern
`
`Pharmaceutics rather than the third edition. Petitioner stated that the error is
`
`clerical in nature because Petitioner received a copy of Chapter 10 of
`
`Modern Pharmaceutics from a third-party with a citation to the fourth
`
`edition. Patent Owner requested the opportunity to file an opposition to
`
`Petitioner’s request.
`
`Based on our consideration of the parties’ position, the panel agreed to
`
`authorize Petitioner to file Motion to Correct a Clerical or Typographical
`
`Mistake. The motion is limited to changing citations of the Rudnic reference
`
`(Ex. 1010) in the Petition and the Park Declaration (Ex. 1002) from the
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`fourth edition of Modern Pharmaceutics to the third edition of Modern
`
`
`
`2
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`
`
`IPR2018-00892
`Patent 9,326,945 B2
`
`Pharmaceutics. The motion is limited to five pages and due
`
`November 26, 2018. We also authorized Patent Owner to file an opposition,
`
`also limited to five pages and due December 3, 2018.
`
`B. Motion to File Supplemental Information
`
`During the call, Petitioner stated that the current version of Ex. 1010
`
`contains the header pages of the fourth edition of Modern Pharmaceutics
`
`and the text of Chapter 10 from the third edition of Modern Pharmaceutics.
`
`Petitioner sought authorization to file a Motion to File Supplemental
`
`Information in order to enter into the record a version of the Rudnic
`
`reference having the text and header pages from the third edition of Modern
`
`Pharmaceutics. Patent Owner requested the opportunity to file an
`
`opposition to Petitioner’s request.
`
`Based on our consideration of the parties’ position, the panel agreed to
`
`authorize Petitioner to file Motion to File Supplemental Information. The
`
`motion is limited to entering into the record a version of the Rudnic
`
`reference having header pages from the third edition of Modern
`
`Pharmaceutics. The motion is limited to five pages and due
`
`November 26, 2018. We also authorized Patent Owner to file an opposition,
`
`also limited to five pages and due December 3, 2018.
`
`II. ORDER
`
`Accordingly, it is
`
`ORDERED that Petitioner is authorized to file a Motion to Correct a
`
`Clerical or Typographical Mistake pursuant to 37 C.F.R. § 42.104(c) limited
`
`to five pages and due November 26, 2018.
`
`FURTHER ORDERED that Patent Owner is authorized to file an
`
`opposition to Petitioner’s Motion to Correct a Clerical or Typographical
`
`
`
`3
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`
`
`IPR2018-00892
`Patent 9,326,945 B2
`
`Mistake limited to five pages and due December 3, 2018.
`
`FURTHER ORDERED that Petitioner is authorized to file a Motion
`
`to Motion to File Supplemental Information pursuant to 37 C.F.R.
`
`§ 42.123(a) limited to five pages and due November 26, 2018.
`
`FURTHER ORDERED that Patent Owner is authorized to file an
`
`opposition to Petitioner’s Motion to File Supplemental Information limited
`
`to five pages and due December 3, 2018.
`
`FURTHER ORDERED that Petitioner shall file the transcript for the
`
`conference call by December 3, 2018.
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`4
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`
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`IPR2018-00892
`Patent 9,326,945 B2
`
`PETITIONER:
`
`Robert Florence
`robertflorence@parkerpoe.com
`
`Karen Carroll
`karencarroll@parkerpoe.com
`
`Michael Binns
`michaelbinns@parkerpoe.com
`
`Sharad Bijanki
`sharadbijanki@parkerpoe.com
`
`
`PATENT OWNER:
`
`Heather Petruzzi
`Heather.petruzzi@wilmerhale.com
`
`Timothy Cook
`Tim.cook@wilmerhale.com
`
`Kevin Yurkerwich
`Kevin.yurkerwich@wilmerhale.com
`
`Michael Nelson
`Michael.nelson@wilmerhale.com
`
`
`
`
`
`5
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`
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