`Adam LaRock; Trials
`Dennies Varughese; Tyler Liu; Liz Hagan; RJ Shea
`RE: Amneal Pharms et al. v. Almirall LLC, IPR2019-00207
`Friday, August 14, 2020 2:23:42 PM
`image001.png
`image002.png
`
`From:
`To:
`Cc:
`Subject:
`Date:
`Attachments:
`
`Dear Board,
`
`In response to Petitioners’ July 27, 2020 and August 13, 2020 e-mails, Patent Owner respectfully
`submits that the Board should not expunge Exhibits 2071 and 2072 from the IPR Record. First,
`Exhibits 2071 and 2072 should not be considered “new evidence” since they are cites to a public
`record, which were attached Patent Owner’s Request for Rehearing as Exhibits for the Board’s
`convenience. Second, the Request for Rehearing made a showing of “good cause.” Exhibits 2071
`and 2072 were submitted at first opportunity, and Patent Owner’s Request for Rehearing
`established the relevance of these Exhibits to Patent Owner’s argument in support thereof. Thank
`you kindly in advance for your attention and consideration here.
`
`JIM TRAINOR
`Partner | Fenwick & West LLP | 212-430-2749 | jtrainor@fenwick.com
`
`From: Adam LaRock [mailto:ALAROCK@sternekessler.com]
`Sent: Monday, July 27, 2020 6:52 PM
`To: trials@uspto.gov
`Cc: Dennies Varughese <dvarughese@sternekessler.com>; Tyler Liu <TLIU@sternekessler.com>; Jim
`Trainor <jtrainor@fenwick.com>; Liz Hagan <ehagan@fenwick.com>; RJ Shea
`<RShea@fenwick.com>
`Subject: Amneal Pharms et al. v. Almirall LLC, IPR2019-00207
`
`** EXTERNAL EMAIL **
`
`Dear Board,
`
`In view of the Board’s Decision Denying Patent Owner’s Request for Rehearing, Petitioners
`respectfully request that the Board expunge Exhibits 2071 and 2072 from the record. Exhibits 2071
`and 2072 were not of record at the time Patent Owner filed its Request for Rehearing on June 29,
`2020, and Patent Owner has not made a showing of “good cause” to admit this new evidence into
`the record. Because Exhibits 2071 and 2072 were filed out-of-time and Patent Owner did not follow
`the proper procedure for admitting new evidence with its Request for Rehearing, Petitioners
`respectfully request that Exhibits 2071 and 2072 be expunged. We contacted counsel for Patent
`Owner on Thursday, July 23 and Friday, July 24 to inquire whether Patent Owner intended to oppose
`Petitioners’ request. Patent Owner did not respond.
`
`Counsel for Patent Owner is copied.
`
`IPR 2019-00209
`Ex. 3002 p. 1 of 2
`
`
`
`Respectfully,
`Adam LaRock
`(Backup Counsel for Petitioners)
`
`Adam LaRock
`Director
`Sterne, Kessler, Goldstein & Fox P.L.L.C.
`1100 New York Avenue, NW, Washington, DC 20005
`Email: alarock@sternekessler.com
`Direct: 202.772.8794
`IP Assistant: Renee Moore
`Main: 202.371.2600 Direct: 202.772.8820
`
`Notice: The information in this electronic transmission (including any attachments)
`may contain confidential or legally privileged information and is intended solely for
`the individual(s) or entity(ies) named above. If you are not an intended recipient or
`an authorized agent, you are hereby notified that reading, distributing, or otherwise
`disseminating or copying, or taking any action based on the contents of this
`transmission is strictly prohibited. Any unauthorized interception of this
`transmission is illegal under the law. If you have received this transmission in error,
`please immediately notify the sender by return email and then destroy all copies of
`the transmission.
`
`-------------------------------------------
`NOTICE:
`This email and all attachments are confidential, may be legally privileged, and are intended solely for the individual
`or entity to whom the email is addressed. However, mistakes sometimes happen in addressing emails. If you
`believe that you are not an intended recipient, please stop reading immediately. Do not copy, forward, or rely on the
`contents in any way. Notify the sender and/or Fenwick & West LLP by telephone at (650) 988-8500 and then delete
`or destroy any copy of this email and its attachments. Sender reserves and asserts all rights to confidentiality,
`including all privileges that may apply.
`
`IPR 2019-00209
`Ex. 3002 p. 2 of 2
`
`
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