`Tel: 571-272-7822
`
`
`Paper 10
`Entered: October 7, 2019
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MYLAN PHARMACEUTICALS INC.,
`Petitioner,
`
`v.
`
`ALMIRALL, LLC,
`Patent Owner.
`____________
`
`Case IPR2019-01095
`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
`Authorizing Reply to Preliminary Response to Petitioner
`and Sur-reply to Patent Owner
`37 C.F.R. § 42.108(c)
`
`
`
`
`
`
`
`IPR2019-01095
`Patent US 9,517,219 B2
`
`
`
`Petitioner emailed the Board on September 12, 2019, stating
`. . . Mylan would like to respectfully seek the panel’s permission
`to submit a short 10 page Reply to Patent Owner’s Preliminary
`Response (“POPR”). The POPR is exclusively dedicated to
`raising issues related to 314(a). . . .
`In the spirit of compromise, Patent Owner and Mylan have
`reached an agreement where Patent Owner does not object to
`Mylan’s Request for a 10 page Reply to the POPR, and Mylan
`does not object to request by Patent Owner for a 5 page Sur-
`Reply. Mylan notes that the PTAB granted a similar request in
`the underlying IPR. See IPR2019-00209 (Paper 9). . . .
`“A petitioner may seek leave to file a reply to the preliminary
`response in accordance with [37 C.F.R.] §§ 42.23 and 42.24(c). Any such
`request must make a showing of good cause.” 37 C.F.R. § 42.108(c). In the
`Petition, Petitioner devoted very little discussion to any potential denial of
`the Petition under § 314(a). Paper 1, 66–68. Patent Owner, however,
`devoted the entirety of its Preliminary Response to argue that institution
`should be denied under § 314(a). See generally Paper 9. The parties appear
`to agree that there is good cause for authorizing Reply and Sur-reply briefing
`on this issue and that the requested briefing should be authorized. We find
`that good cause exists for the requested briefing.
`Accordingly, it is:
`ORDERED that Petitioner is authorized to file a Reply of no more
`than ten (10) pages, within five (5) business days after issuance of this
`Order, responsive to the allegations under 35 U.S.C. § 314(a) as set forth in
`Patent Owner’s Preliminary Response.
`FURTHER ORDERED that following Petitioner’s filing of the
`aforementioned Reply, Patent Owner is authorized to file a Sur-reply of no
`
`2
`
`
`
`IPR2019-01095
`Patent US 9,517,219 B2
`
`
`more than five (5) pages, within five (5) business days, addressing only
`issues addressed in the Reply.
`
`
`3
`
`
`
`IPR2019-01095
`Patent US 9,517,219 B2
`
`
`FOR PETITIONERS:
`
`Jitendra Malik, Ph.D.
`Alissa M. Pacchioli
`Lance Soderstrom
`Heike S. 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
`Jennifer R. Bush
`FENWICK & WEST LLP
`jtrainor@fenwick.com
`jbush-ptab@fenwick.com
`
`4
`
`
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