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`––––––––––––––
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`––––––––––––––
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`DR. REDDY’S LABORATORIES S.A. AND
`DR. REDDY’S LABORATORIES, INC.
`Petitioners,
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`v.
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`INDIVIOR UK LIMITED,
`Patent Owner.
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`––––––––––––––
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`IPR2019-00329
`Patent 9,687,454
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`––––––––––––––
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`PATENT OWNER’S SUR-REPLY TO PETITIONER’S REPLY
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`In Indivior UK Limited’s (“Indivior”) Patent Owner Preliminary Response
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`(Paper 12, “POPR”), Indivior explained that Dr. Reddy’s Laboratories S.A. and Dr.
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`Reddy’s Laboratories, Inc. (“Petitioner” or “DRL”) failed to identify LTS Lohmann
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`Therapy Systems, Corp. (“LTS”) as a real party in interest.
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`During the conference call on April 16, 2019, the Board asked DRL’s counsel
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`whether DRL could simply file an updated mandatory notice identifying LTS as a
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`real party in interest. DRL’s Reply fails to respond to the Board’s inquiry, and DRL
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`has chosen not to identify LTS as a real party in interest. Instead, DRL argues that
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`LTS is not a real party in interest. DRL’s argument relies on a conclusory declaration
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`consisting primarily of four brief paragraphs (Ex. 1027, ¶¶ 7–10) that fail to refute
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`any of the seven pages of testimony by the CEO of LTS about the importance of its
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`preexisting business relationship with DRL (POPR, Paper 12, at 42–45; Ex. 2004).
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`Indivior submits that on the record evidence, and under Federal Circuit authority, as
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`argued in the POPR, the Board may find LTS to be a real party in interest, and
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`proceed accordingly.
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`For the reasons set forth in Indivior’s POPR, the Board should deny institution
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`of inter partes review of challenged claims 1–5 and 7–14 of U.S. Patent No.
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`9,687,454.
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`1
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`Date: May 2, 2019
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`Respectfully submitted,
`
`By /Peter P. Chen /
`David A. Garr
` Registration No.: 74,932
`Peter P. Chen
` Registration No.: 39,631
`COVINGTON & BURLING LLP
`
`Attorneys for Patent Owner
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`2
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6, I hereby certify that the foregoing Patent Owner’s Sur-
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`Reply was served by email, by agreement of the parties, on the following counsel of
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`record for petitioner.
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`
`
`Ira J. Levy (ilevy@goodwinlaw.com)
`John Coy Stull (jstull@goodwinlaw.com)
`Robert Frederickson III (rfrederickson@goodwinlaw.com)
`GOODWIN PROCTER LLP
`DG-Suboxone@goodwinlaw.com
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`Date: May 2, 2019
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`/Peter P. Chen /
`Peter P. Chen
`Registration No.: 39,631
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`3
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