`Tel: 571-272-7822
`
`
`Paper 56
`Entered: May 5, 2020
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`AMNEAL PHARMACEUTICALS LLC and AMNEAL
`PHARMACEUTICALS OF NEW YORK, LLC
`Petitioners,
`
`v.
`
`ALMIRALL, LLC,
`Patent Owner.
`____________
`
`Case IPR2019-002071
`Patent 9,517,219 B2
`____________
`
`
`
`Before SUSAN L. C. MITCHELL, CHRISTOPHER G. PAULRAJ, and
`RYAN H. FLAX, Administrative Patent Judges.
`
`FLAX, Administrative Patent Judge.
`
`
`
`
`ORDER
`Adjusting One-Year Pendency Due to Joinder
`35 U.S.C. § 316(a)(11); 37 C.F.R § 42.100(c)
`
`
`
`
`
`1 Case IPR2019-01095 has been joined with this proceeding.
`
`
`
`IPR2019-00207
`US 9,517,219 B2
`
`
`Almirall, LLC is the owner of U.S. Patent 9,517,219 B2 (“the ’219
`patent”). Amneal Pharmaceuticals LLC and Amneal Pharmaceuticals of
`New York, LLC filed a Petition requesting inter partes review of claims 1–8
`of the ’219 patent and we instituted trial in this matter on May 10, 2019.
`Paper 13. On November 27, 2019, we joined Petitioner Mylan
`Pharmaceuticals Inc. from IPR2019-01095 to this proceeding. Paper 35.
`Pursuant to 35 U.S.C. § 316(a)(11), “the final determination in an
`inter partes review [shall] be issued not later than 1 year after the date on
`which the Director notices the institution of a review under this chapter,
`except that the Director . . . may adjust the time periods in this paragraph in
`the case of joinder under section 315(c).” The Director has delegated the
`authority to adjust the one-year period to the Board. See 37 C.F.R.
`§ 42.100(c). In particular, 37 C.F.R. § 42.100(c) provides:
`An inter partes review proceeding shall be administered such
`that pendency before the Board after institution is normally no
`more than one year. The time can be . . . adjusted by the Board
`in the case of joinder.
`In accordance with 37 C.F.R. § 42.100(c), the Board adjusts the time
`of pendency before the Board in the present proceedings, which involve
`joinder, beyond one year after institution to permit the Board to consider and
`determine the pending issues. The Board shall issue a Final Written
`Decision in these proceedings no later than June 5, 2020.
`Accordingly it is
`ORDERED that the time of pendency in this proceeding, which
`involves joinder, is adjusted beyond one year after institution; and
`FURTHER ORDERED that the Board shall issue a Final Written
`Decision in these proceedings no later than June 5, 2020.
`
`
`
`2
`
`
`
`IPR2019-00207
`US 9,517,219 B2
`
`For PETITIONER:
`
`Representing Amneal Pharmaceuticals LLC and Amneal Pharmaceuticals of
`New York, LLC:
`
`Dennies Varughese
`Adam LaRock
`Tyler Liu
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`dvarughe-ptab@skgf.com
`alarock-ptab@skgf.com
`tliu-ptab@skgf.com
`
`Representing Mylan Pharmaceuticals Inc.:
`
`Jitendra Malik
`Alissa Pacchioli
`Lance Soderstrom
`Heike Radeke
`KATTEN MUCHIN ROSENMAN LLP
`jitty.malik@kattenlaw.com
`alissa.pacchioli@kattenlaw.com
`lance.soderstrom@kattenlaw.com
`heike.radeke@kattenlaw.com
`
`
`For PATENT OWNER:
`
`James Trainor
`Elizabeth Hagan
`FENWICK & WEST LLP
`jtrainor@fenwick.com
`ehagan@fenwick.com
`
`
`3
`
`
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