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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`ELI LILLY AND COMPANY,
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`Petitioner,
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`V.
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`TEVA PHARMACEUTICALS INTERNATIONAL GMBH,
`Patent Owner.
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`CASE IPR2018-01425
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`Patent 9,890,210
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`PATENT OWNER’S NOTICE OF APPEAL
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`Via PTAB E2E
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`Patent Trial and Appeal Board
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`Via Certified US. Mail
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`Director of the United States Patent and Trademark Office
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`Office of the General Counsel
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`United States Patent and Trademark Office
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`PO. Box 1450
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`Alexandria, Virginia 22313-1450
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`Via CM/ECF
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`United States Court of Appeals for the Federal Circuit
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`
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`Case IPR2018-01425
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`Patent No. 9,890,210
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`INTRODUCTION
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`Teva Pharmaceuticals International GmbH’ s appeal stems from the Patent
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`Trial and Appeal Board’ s Final Written Decision entered on February 18, 2020
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`(Paper 78) (the “Final Written Decision”) in the above-captioned inter partes
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`review of United States Patent No. 9,890,210. This notice is timely filed within 63
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`days of the Final Written Decision. 37 C.F.R. § 90.3(b)(1).
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`TEVA PHARMACEUTICALS INTERNATIONAL GMBH’S APPEAL
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`Please take notice that under 35 U.S.C. §§ 141(c), 142, 319; 37 C.F.R.
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`§§ 90.2(a), 90.3(a); and Federal Circuit Rule 15, Patent Owner Teva
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`Pharmaceuticals International GmbH hereby appeals to the United States Court of
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`Appeals for the Federal Circuit from the Final Written Decision based on the
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`“Decision, Institution of Inter Partes Review” entered on February 25, 2019 (Paper
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`14) (the “Institution Decision”).
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`TEVA PHARMACEUTICALS INTERNATIONAL GMBH’S
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`ISSUES ON APPEAL
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`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Teva’s issues on appeal
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`include at least: (i) whether the Board erred in construing the challenged claims;
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`(ii) whether the Board erred in failing to conduct a lead-compound analysis;
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`(iii) whether the Board erred in failing to separately analyze the obviousness of
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`each claim; (iv) whether the Board erred in holding that a skilled artisan would
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`have been motivated to combine the asserted references with a reasonable
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`-1-
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`Case IPR2018-Ol425
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`Patent No. 9,890,210
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`expectation of success; (v) whether the Board erred in its analysis of Teva’s
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`proffered evidence of objective indicia of non-obviousness, including but not
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`limited to its holdings that Teva was not entitled to a presumption of nexus and did
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`not show an actual nexus; (vi) whether the Board erred in denying Teva’ s motions
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`to strike and exclude evidence; (vii) whether the Board erred in its ultimate
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`conclusion that the claims were unpatentable; (viii) whether the Board’ s decision
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`was arbitrary and capricious, including because it held the parties to different
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`standards with respect to argument preservation and waiver and because it
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`permitted Petitioner to introduce new theories and new evidence in reply and in
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`supplemental briefing; (ix) whether the Administrative Patent Judges of the panel
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`were unconstitutionally appointed under the Appointments Clause; (x) whether the
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`Board erred in refusing to allow Teva to move to stay the proceeding until it could
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`be heard by a panel of Administrative Patent Judges constitutionally appointed
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`under the Appointments Clause; and (xi) any finding or determination supporting
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`or related to these issues and all other issues decided adversely to Patent Owner in
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`any order, decision, ruling, phone conference decision, and/or opinion.
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`Simultaneously with this submission, Teva is filing (i) a true and correct
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`copy of this Notice of Appeal with the Director of the United States Patent and
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`Trademark Office and (ii) a true and correct copy of the same, along with the
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`Case lPR2018-01425
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`Patent No. 9,890,210
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`required docketing fee, With the Clerk of the United States Court of Appeals for the
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`Federal Circuit as set forth in the accompanying Certificate of Filing.
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`Respectfully submitted,
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
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`o.W
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`Date: April 21, 2020
`1100 New York Avenue, NW.
`Washington, DC. 20005-3934
`(202) 371-2600
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`Deborah A. Sterling, PhD.
`Registration No. 62,732
`Lead Counsel for Patent Owner
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`
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`Case IPR2018-01425
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`Patent No. 9,890,210
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`CERTIFICATE OF FILING
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`The undersigned hereby certifies that, in addition to being electronically
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`filed through PTAB E2E, a true and correct copy of the above-captioned PATENT
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`OWNER TEVA PHARMACEUTICALS INTERNATIONAL GMBH’S
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`NOTICE OF APPEAL is being filed by certified US. mail with the Director on
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`April 21, 2020, at the following address:
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`Director of the United States Patent and Trademark Office
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`Office of the General Counsel
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`United States Patent and Trademark Office
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`PO. Box 1450
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`Alexandria, Virginia 22313-1450
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`The undersigned also hereby certifies that a true and correct copy of the
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`above captioned PATENT OWNER TEVA PHARMACEUTICALS
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`INTERNATIONAL GMBH’S NOTICE OF APPEAL and the filing fee is being
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`filed Via CM/ECF with the Clerk’s Office of the United States Court of Appeals
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`for the Federal Circuit on April 21, 2020.
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`Respectfully submitted,
`STERNE, KESSLER, GOLDSTEIN & Fox P.L.L.C.
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`CD. Wfi‘
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`Date: April 21, 2020
`1100 New York Avenue, NW.
`Washington, DC. 20005-3934
`(202) 371-2600
`
`Deborah A. Sterling, Ph.D.
`Registration No. 62,732
`Lead Counsel for Patent Owner
`
`
`
`Case IPR2018-01425
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`Patent No. 9,890,210
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`CERTIFICATE OF SERVICE (37 C.F.R. §§ 42.6(e))
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`The undersigned hereby certifies that the above-captioned “Patent Owner’s
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`Notice of Appeal” was served in its entirety on April 21, 2020, via email on the
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`Sanjay M. Jivraj
`Mark J. Stewart
`
`Eli Lilly and Company
`Lilly Corporate Center Patent Dept.
`Indianapolis, IN 46285
`jivraj_sanj ay@lilly.com
`stewart_mark@lilly.com
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`following:
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`William B. Raich
`Erin M. Sommers
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`Pier D. DeRoo
`Yieyie Yang
`John Williamson
`Finnegan, Henderson, Farabow,
`Garrett & Dunner, LLP
`901 New York Avenue, NW
`
`Washington, DC 20001
`william.raich @ finnegan.com
`erin. sommers @ finnegan.com
`pier.deroo @ finnegan.eom
`yieyie.yang @ finnegan.com
`john.williamson @ finnegan.com
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`STERNE, KESSLER, GOLDSTEIN & Fox P.L.L.C.
`
`CD. Wfi‘
`
`Date: April 21, 2020
`1100 New York Avenue, NW.
`Washington, DC. 20005-3934
`(202) 371-2600
`
`Deborah A. Sterling, Ph.D.
`Registration No. 62,732
`Lead Counsel for Patent Owner
`
`