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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`______________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`______________________
`
`ELI LILLY AND COMPANY,
`Petitioner,
`
`v.
`
`TEVA PHARMACEUTICALS INTERNATIONAL GMBH,
`Patent Owner.
`______________________
`
`
`Case IPR2018-01710
`Patent 8,586,045 B2
`
`______________________
`
`PATENT OWNER’S PETITION TO EXPEDITE
`UNDER 37 C.F.R. § 1.182
`
`
`
`
`via E2E and Hand Carry
`Commissioner for Patents
`United States Patent and Trademark Office Customer Service Window
`Mail Stop Petitions
`Randolph Building
`401 Dulany Street
`Alexandria, VA 22314
`
`
`
`

`

`IPR2018-01710
`Patent 8,586,045
`Patent Owner Teva Pharmaceuticals International GmbH (“Teva”) hereby
`
`requests expedited processing of the petition filed herewith: PATENT OWNER’S
`
`PETITION UNDER 37 C.F.R. § 1.181(A)(3) INVOKING THE SUPERVISORY
`
`AUTHORITY OF THE DIRECTOR. The reason for seeking expedited treatment
`
`of Teva’s petition under 37 C.F.R. § 1.181(a)(3) is to conserve agency and party
`
`resources by avoiding further steps in the above captioned proceeding while an
`
`Appointments Clause violation exists, as explained in Teva’s Rule 1.181(a)(3)
`
`petition referenced above. The relief requested in Teva’s Rule 1.181(a)(3) petition
`
`is a stay of the IPR pending issuance of the mandate in Arthrex, Inc. v. Smith &
`
`Nephew, Inc., — F.3d —, 2019 WL 5616010 (Fed. Cir. Oct. 31, 2019).
`
`Applicants authorize the payment of fees for this petition under 37 C.F.R. §
`
`1.17(f) in the amount of $400 to be charged to Deposit Account No. 19-0036.
`
`
`
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`
`Date: November 21, 2019
`1100 New York Avenue, NW
`Washington, DC 20005
`(202) 371-2600
`
`
`Deborah Sterling, Ph.D.
`Lead Counsel for Patent Owner
`Registration No. 62,732
`
`
`
`
`
`
`
`- 1 -
`
`

`

`CERTIFICATE OF SERVICE (37 C.F.R. § 42.6(e))
`
`IPR2018-01710
`Patent 8,586,045
`
`
`
`
`The undersigned hereby certifies that the above-captioned “PATENT
`
`OWNER’S PETITION TO EXPEDITE UNDER 37 C.F.R. § 1.182” was served in
`
`its entirety on November 21, 2019, upon the following parties via electronic mail:
`
`William B. Raich
`Erin M. Sommers
`Pier D. DeRoo
`Yieyie Yang
`John M. 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.com
`yieyie.yang@finnegan.com
`john.williamson@finnegan.com
`
`
`
`
`
`
`
`
`Sanjay M. Jivraj
`Mark J. Stewart
`Eli Lilly and Company
`Lilly Corporate Center Patent Dept.
`Indianapolis, IN 46285
`jivraj_sanjay@lilly.com
`stewart_mark@lilly.com
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`
`Date: November 21, 2019
`1100 New York Avenue, NW
`Washington, DC 20005
`(202) 371-2600
`
`Deborah Sterling, Ph.D.
`Lead Counsel for Patent Owner
`Registration No. 62,732
`
`
`
`
`
`14191935.1
`
`
`
`

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