`571-272-7822
`
`
` Paper: 11
` Entered: July 31, 2019
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`PFIZER INC.,
`Petitioner,
`
`v.
`
`SANOFI-AVENTIS DEUTSCHLAND GMBH,
`Patent Owner.
`____________
`
`
`Cases
`IPR2019-00977, IPR2019-00978 (Patent 8,603,044 B2)
`IPR2019-00980 (Patent 8,992,486 B2)
`IPR2019-01022, IPR2019-01023 (Patent 9,526,844 B2)1
`____________
`
`Before HYUN J. JUNG and BART A. GERSTENBLITH, Administrative
`Patent Judges.
`
`JUNG, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`1 This Order is entered into each case. The parties are not authorized to use
`this joint heading and filing style in their papers.
`
`
`
`IPR2019-00977 (Patent 8,603,044 B2)
`IPR2019-00978 (Patent 8,603,044 B2)
`IPR2019-00980 (Patent 8,992,486 B2)
`IPR2019-01022 (Patent 9,526,844 B2)
`IPR2019-01023 (Patent 9,526,844 B2)
`
`
`At the request of the Board, a conference was held on July 25, 2019,
`between counsel for Pfizer Inc. (“Petitioner”), counsel for Sanofi-Aventis
`Deutschland GmbH (“Patent Owner”), counsel for Mylan Pharmaceuticals
`Inc. (“Mylan”), and Judges Jung and Gerstenblith to discuss Pfizer’s
`motions to join IPR2019-00977, IPR2019-00978, IPR2019-00980,
`IPR2019-01022, and IPR2019-01023 to, respectively, IPR2018-01675,
`IPR2018-01676, IPR2018-01678, IPR2018-01680, and IPR2018-01682.
`Paper 3 (“Motions”).2 A court reporter was also present, and Mylan stated
`that it would file the transcript as soon as it was available. The transcript
`will reflect additional details of the conference not repeated below.
`Mylan’s petitions in IPR2018-01675, IPR2018-01676, IPR2018-
`01678, IPR2018-01680, and IPR2018-01682 were filed before the Board
`changed its claim interpretation standard, and Pfizer’s petitions were filed
`after the change. During the conference, Petitioner, Patent Owner, and
`Mylan each confirmed that agreement had been reached regarding joinder so
`that Patent Owner would not oppose joinder under certain conditions. In
`response to questions by the panel, Petitioner, Patent Owner, and Mylan
`each indicated that, if the Motions are granted, there would be no issues or
`objections to continuing with the broadest reasonable interpretation standard
`of claim construction in each of the joined proceedings. Mylan indicated
`that its concerns about the claim interpretation standard to be applied after
`joinder have been addressed and that it desires no delay in the schedules set
`
`
`2 Pfizer’s Motion is Paper 3 in each of the above-captioned cases.
`
`
`
`2
`
`
`
`IPR2019-00977 (Patent 8,603,044 B2)
`IPR2019-00978 (Patent 8,603,044 B2)
`IPR2019-00980 (Patent 8,992,486 B2)
`IPR2019-01022 (Patent 9,526,844 B2)
`IPR2019-01023 (Patent 9,526,844 B2)
`
`in IPR2018-01675, IPR2018-01676, IPR2018-01678, IPR2018-01680, and
`IPR2018-01682.
`
`
`PETITIONER:
`Jovial Wong
`WINSTON & STRAWN LLP
`jwong@winston.com
`PfizerIPRs@winston.com
`
`
`PATENT OWNER:
`Elizabeth Stotland Weiswasser
`Anish R. Desai
`Sundip K. Kundu
`WEIL, GOTSHAL & MANGES LLP
`Elizabeth.weiswasser@weil.com
`Anish.desai@weil.com
`Sudip.kundu@weil.com
`Sanofi.IPR.Service@weil.com
`
`
`
`
`
`
`
`3
`
`
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