`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`APOTEX, INC.
`Petitioner,
`v.
`UCB BIOPHARMA Sprl
`Patent Owner
`___________________
`
`U.S. Patent No. 8,633,194
`Case No.: IPR2019-00400
`___________________
`
`PETITIONER’S NOTICE OF APPEAL OF FINAL WRITTEN DECISION
`Via PTAB E2E
`Patent Trial and Appeal Board
`
`Via Hand Carry
`Office of the General Counsel
`United States Patent and Trademark Office
`Madison Building East, Room 10B20
`600 Dulany Street
`Alexandria, VA 22314
`
`Via CM/ECF
`United States Court of Appeals for the Federal Circuit
`
`
`
`I.
`
`INTRODUCTION
`Apotex Inc.’s (“Apotex”) appeal stems from the Patent Trial and Appeal
`
`Board’s Final Written Decision entered on June 9, 2020 (Paper No. 57) (the “Final
`
`Written Decision”) in the above-captioned inter partes review of United States
`
`Patent No. 8,633,194 (“the ’194 patent”). This notice is timely filed within 63 days
`
`of the Board’s Final Written Decision. 37 C.F.R. § 90.3(a)(1).
`
`
`
`II.
`
`PETITIONER’S APPEAL
`Please take notice that pursuant to 35 U.S.C. §§ 141(c), 142, 319; 37 C.F.R.
`
`§§ 90.2(a), 90.3(a); Federal Rule of Appellate Procedure 15(a); and Federal Circuit
`
`Rule 15(a)(1), Amneal hereby appeals to the United States Court of Appeals for the
`
`Federal Circuit from the Final Written Decision, including any underlying orders,
`
`decisions, rulings, and opinions, as well as any issues raised during that proceeding.
`
`III.
`
`ISSUES ON APPEAL
`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Apotex’s issues on appeal
`
`include, without limitation, the following: (i) the Board’s determination that claims
`
`1-11 are not unpatentable as obvious under 35 U.S.C. § 103 over the combination of
`
`the Handbook and WO ’094; (ii) the Board’s determination that claims 1-11 are not
`
`unpatentable as obvious under 35 U.S.C. § 103 over the combination of the
`
`Handbook, EP ’203, and US ’558; (iii) the Board’s construction and interpretation
`
`of the claim language of claims 1-11 of the ’194 patent; and (iv) any finding or
`
`determination supporting or related to the above-mentioned issues as well as any
`
`1
`
`
`
`other issues decided adversely to Apotex, including any order, decisions, rulings,
`
`and/or opinions.
`
`Simultaneously with this submission, Apotex is filing a true and correct copy
`
`of this Notice of Appeal with the Director of the U.S. Patent and Trademark Office
`
`and a true and correct copy of the same, along with the required docketing fees, with
`
`the Clerk of the U.S. Court of Appeals for the Federal Circuit as set forth in the
`
`accompanying Certificate of Filing.
`
`Date: August 11, 2020
`
`RESPECTFULLY SUBMITTED,
`Katten Muchin Rosenman LLP
`/ Jitendra Malik /
`Jitendra Malik (Reg. No. 55823)
`
`Lead Counsel for Petitioner
`Apotex, Inc.
`
`2
`
`
`
`CERTIFICATE OF FILING
`The undersigned hereby certifies that, in addition to being electronically filed
`
`through the PTAB’s E2E System, a true and correct copy of the above-captioned
`
`PETITIONER’S NOTICE OF APPEAL is being filed by hand delivery with the
`
`Director on August 11, 2020 at the following address:
`
`Office of the General Counsel
`United States Patent and Trademark Office
`Madison Building East, Room 10B20
`600 Dulany Street
`Alexandria, VA 22314
`
`The undersigned also hereby certifies that a true and correct copy of the
`
`above-captioned PETITIONER’S NOTICE OF APPEAL and the filing fee is being
`
`filed via the electronic filing system, CM/ECF, with the Clerk’s Office of the U.S.
`
`Court of Appeals for the Federal Circuit on August 11, 2020.
`
`Date: August 11, 2020
`
`Respectfully submitted,
`Katten Muchin Rosenman LLP
`By: / Jitendra Malik /
`
`Jitendra Malik, Ph.D.
`Reg. No. 55,823
`
`
`
`CERTIFICATE OF SERVICE
`The undersigned hereby certifies that a true and correct copy of the enclosed
`
`PETITIONER’S NOTICE OF APPEAL was served in its entirety on August 11,
`
`2020, upon the following parties via electronic mail:
`
`James S. Trainor, Jr.
`Robert E. Counihan
`FENWICK & WEST LLP
`1211 Avenue of the Americas, 32nd Floor
`New York, NY 10036
`
`Erica R. Sutter
`FENWICK & WEST LLP
`801 California Street
`Mountain View, CA 94041
`
`Respectfully submitted,
`Katten Muchin Rosenman LLP
`By: /Jitendra Malik/
`
`
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