`571-272-7822
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`Paper No. 4
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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`DR. REDDY’S LABORATORIES INC.,
`Petitioner
`v.
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`POZEN INC. and HORIZON PHARMA USA, INC.,
`Patent Owner
`____________
`
`Case No. IPR2018-00894
`U.S. Patent No. 9,220,698
`____________
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`Mailed: April 19, 2018
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`Before Thomas Green, Trial Paralegal
`
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`NOTICE OF FILING DATE ACCORDED TO PETITION
`AND
`TIME FOR FILING PATENT OWNER PRELIMINARY RESPONSE
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`The petition for inter partes review in the above proceeding has been
`accorded the filing date of April 6, 2018.
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`Case No. IPR2018-00894
`U.S. Patent No. 9,220,698
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` A
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` review of the petition identified the following defect(s):
`The Petition filed on April 6, 2018, uploaded as “Paper 1” does not
`conform with the requirements for paper exhibit list under 37 C.F.R.
`§ 42.63(d)(1)(i). An exhibit filed with the petition must include
`the petitioner's name followed by a unique exhibit number. The coversheets
`for Exhibit(s) 1043 & 1044 are mislabeled.
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`Petitioner must correct the defect(s) within FIVE BUSINESS DAYS
`from this notice. Failure to correct the defect(s) may result in an order to
`show cause as to why the Board should institute the trial. No substantive
`changes (e.g., new grounds) may be made to the petition.
`
`Patent Owner may file a preliminary response to the petition no later
`than three months from the date of this notice. The preliminary response is
`limited to setting forth the reasons why the requested review should not be
`instituted. Patent Owner may also file an election to waive the preliminary
`response to expedite the proceeding. For more information, please consult
`the Office Patent Trial Practice Guide, 77 Fed. Reg. 48756 (Aug. 14, 2012),
`which is available on the Board Web site at http://www.uspto.gov/PTAB.
`Patent Owner is advised of the requirement to submit mandatory
`notice information under 37 C.F.R. § 42.8(a)(2) within 21 days of service of
`the petition.
`The parties are encouraged to use the heading on the first page of this
`Notice for all future filings in the proceeding.
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`Case No. IPR2018-00894
`U.S. Patent No. 9,220,698
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`The parties are advised that under 37 C.F.R. § 42.10(c), recognition of
`counsel pro hac vice requires a showing of good cause. The parties are
`authorized to file motions for pro hac vice admission under 37 C.F.R.
`§ 42.10(c). Such motions shall be filed in accordance with the “Order --
`Authorizing Motion for Pro Hac Vice Admission” in Case IPR2013-00639,
`Paper 7, a copy of which is available on the Board Web site under
`“Representative Orders, Decisions, and Notices.”
`The parties are reminded that unless otherwise permitted by 37 C.F.R.
`§ 42.6(b)(2), all filings in this proceeding must be made electronically in
`Patent Trial and Appeal Board End to End (PTAB E2E), accessible from the
`Board Web site at http://www.uspto.gov/PTAB. To file documents, users
`must register with PTAB E2E. Information regarding how to register with
`and use PTAB E2E is available at the Board Web site.
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`If there are any questions pertaining to this notice, please contact
`Thomas Green at 571-270-5585 or the Patent Trial and Appeal Board at
`571-272-7822.
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`Case No. IPR2018-00894
`U.S. Patent No. 9,220,698
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`PETITIONER:
`Alan H. Pollack
`apollack@buddlarner.com
`
`Stuart D. Sender
`ssender@buddlarner.com
`
`Louis H. Weinstein
`lweinstein@buddlarner.com
`BUDD LARNER, P.C.
`
`PATENT OWNER:
`Counsel of record for the Patent Owners in Mylan Pharmaceuticals Inc. v.
`Pozen Inc, Case No. IPR2017-01995
`
`Stephen M. Hash
`Margaret J. Sampson, Ph.D.
`Jeffrey S. Gritton
`BAKER BOTTS LLP
`
`Ellen Scordino
`Thomas A. Blinka, Ph.D.
`Jonathan G. Graves
`COOLEY LLP
`
`Brandon M. White
`Emily Greb
`PERKINS COIE LLP
`
`Horizon Pharma USA, Inc.
`150 South Saunders Road
`Lake Forest, IL 60045
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`Pozen Inc.
`8310 Bandford Way
`Raleigh, NC 27615
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`Case No. IPR2018-00894
`U.S. Patent No. 9,220,698
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`Steven L. Highlander
`Parker Highlander PLLC
`1120 South Capital of Texas Highway
`Bldg. 1, Suite 200
`Austin, TX 78746
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`5
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`NOTICE CONCERNING ALTERNATIVE DISPUTE RESOLUTION
`(ADR)
`The Patent Trial and Appeal Board (PTAB) strongly encourages parties
`
`who are considering settlement to consider alternative dispute resolution as a
`means of settling the issues that may be raised in an AIA trial proceeding.
`Many AIA trials are settled prior to a Final Written Decision. Those
`considering settlement may wish to consider alternative dispute resolution
`techniques early in a proceeding to produce a quicker, mutually agreeable
`resolution of a dispute or to at least narrow the scope of matters in dispute.
`Alternative dispute resolution has the potential to save parties time and
`money.
`
`Many non-profit organizations, both inside and outside the intellectual
`property field, offer alternative dispute resolution services. Listed below are
`the names and addresses of several such organizations. The listings are
`provided for the convenience of parties involved in cases before the PTAB;
`the PTAB does not sponsor or endorse any particular organization’s
`alternative dispute resolution services. In addition, consideration may be
`given to utilizing independent alternative dispute resolution firms. Such firms
`may be located through a standard keyword Internet search.
`
`
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`Case No. IPR2018-00894
`U.S. Patent No. 9,220,698
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`CPR INSTITUTE
`FOR DISPUTE
`RESOLUTION
`
`AMERICAN
`INTELLECTUAL
`PROPERTY LAW
`ASSOCIATION
`(AIPLA)
`
`AMERICAN
`ARBITRATION
`ASSOCIATION
`(AAA)
`
`AMERICAN BAR
`ASSOCIATION
`(ABA)
`
`WORLD
`INTELLECTUAL
`PROPERTY
`ORGANIZATION
`(WIPO)
`
`
`
`
`Telephone:
`41 22 338 9111
`Fax: 41 22 733 5428
`34, chemin des
`Colombettes
`CH-1211 Geneva 20,
`Switzerland
`www.wipo.int
`
`Telephone :
`(202) 662-1000
`N/A
`1050 Connecticut Ave,
`NW
`Washington D.C. 20036
`
`www.americanbar.org
`
`Telephone:
`(212) 949-6490
`Fax: (212) 949-8859
`
`575 Lexington Ave
`New York, NY 10022
`
`Telephone:
`(703) 415-0780
`Fax: (703) 415-0786
`241 18th Street, South,
`Suite 700
`Arlington, VA 22202
`
`www.cpradr.org
`
`www.aipla.org
`
`Telephone:
`(212) 484-3266
`Fax: (212) 307-4387
`140 West 51st
`Street
`
`New York, NY 10020
`www.adr.org
`
`
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`6
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`If parties to an AIA trial proceeding consider using alternative dispute
`
`resolution, the PTAB would like to know whether the parties ultimately
`decided to engage in alternative dispute resolution and the reasons why or why
`not. If the parties actually engage in alternative dispute resolution, the PTAB
`
`
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`Case No. IPR2018-00894
`U.S. Patent No. 9,220,698
`would be interested to learn what mechanism (e.g., arbitration, mediation,
`etc.) was used and the general result. Such a statement from the parties is not
`
`required but would be helpful to the PTAB in assessing the value of alternative
`dispute resolution to parties involved in AIA trial proceedings. To report an
`experience with ADR, please forward a summary of the particulars to the
`following email address: PTAB_ADR_Comments@uspto.gov
`
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