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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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`MYLAN PHARMACEUTICALS INC.
`Petitioner,
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`v.
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`BIOGEN MA, INC.
`Patent Owner.
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`Case No. IPR2018-01403
`Patent No. 8,399,514
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`NOTICE OF APPEAL OF MYLAN PHARMACEUTICALS INC.
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`Notice is hereby given, pursuant to 37 C.F.R. §§ 90.2(a) and 90.3, and 35
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`U.S.C. §§ 141 and 142, that Petitioner Mylan Pharmaceuticals Inc. (“Mylan”)
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`appeals to the United States Court of Appeals for the Federal Circuit from the Final
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`Written Decision of the Patent Trial and Appeal Board in Case IPR2018-01403
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`entered on February 5, 2020 (Paper No. 98), and from all underlying orders,
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`decisions, rulings and opinions.
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`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Mylan states that the issues on
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`appeal include, but are not limited to, the Board’s determination that Mylan has not
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`shown, by a preponderance of the evidence, that challenged claims 1-20 of U.S.
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`Patent No. 8,399,514 are unpatentable, and any finding or determination
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`supporting or related to this issue, including the Board’s conclusions regarding
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`secondary considerations of non-obviousness; its failure to adequately address an
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`argument about a reference relied on in multiple grounds; its conclusion that
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`Mylan raised a new argument on reply; and its conclusion that Mylan failed to set
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`forth an obviousness rationale in connection with Ground 4, as well as all other
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`issues decided adversely to Mylan in any orders, decisions, rulings and opinions.
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`Mylan is filing one copy of this Notice of Appeal with the Director of the
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`United States Patent and Trademark Office, and a copy of this Notice of Appeal is
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`being filed electronically with the Board. In addition, a copy of this Notice of
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`Appeal is being electronically filed with the Clerk’s Office for the United States
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`Court of Appeals for the Federal Circuit, along with the required docketing fee.
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`Dated: April 3, 2020
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`/s/Brandon M. White
`Brandon M. White
`Reg. No. 52,354
`Perkins Coie LLP
`700 13th St., NW, Suite 600
`Washington, DC 20005
`bmwhite@perkinscoie.com
`Tel: (202) 654-6206
`Fax: (202) 654-9681
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`Counsel for Petitioner Mylan Pharmaceuticals Inc.
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`2
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`CERTIFICATE OF FILING
`I certify that the foregoing was filed electronically with the Board through
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`the PTAB E2E System, and a paper copy was served by Priority Mail Express on
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`April 3, 2020 with the Director of the United States Patent and Trademark Office,
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`at the following address:
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`Director of the U.S. Patent and Trademark Office
`c/o Office of the General Counsel
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
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`I further certify that a true and correct copy of the foregoing Notice of
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`Appeal, along with the required filing fee, was filed electronically with the Court
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`of Appeals for the Federal Circuit via CM/ECF on April 3, 2020. Pursuant to
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`Administrative Order No. 20-01, a paper copy of this Notice of Appeal has not
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`been filed with the Court of Appeals.
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`Dated: April 3, 2020
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`/s/Brandon M. White
`Brandon M. White
`Reg. No. 52,354
`Counsel for Petitioner Mylan Pharmaceuticals Inc.
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`CERTIFICATE OF SERVICE
`Pursuant to 37 C.F.R. § 42.6(e), I certify that I caused to be served a true and
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`correct copy of the foregoing Notice of Appeal of Mylan Pharmaceuticals Inc. by
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`email to the electronic service addresses for Patent Owners:
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`Barbara C. McCurdy
`Mark J. Feldstein
`Erin M. Sommers
`Pier D. DeRoo
`Cora R. Holt
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, LLP
`barbara.mccurdy@finnegan.com
`mark.feldstein@finnegan.com
`erin.sommers@finnegan.com
`pier.deroo@finnegan.com
`cora.holt@finnegan.com
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`Dated: April 3, 2020
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`/s/Brandon M. White
`Brandon M. White
`Reg. No. 52,354
`Counsel for Petitioner Mylan Pharmaceuticals Inc.
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