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`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________
`
`MYLAN PHARMACEUTICALS INC.,
`Petitioner,
`
`v.
`
`MERCK SHARP & DOHME CORP.,
`Patent Owner.
`__________________
`
`Case No. IPR2020-00040
`U.S. Patent No. 7,326,708
`__________________
`
`JOINT NOTICE OF STIPULATION TO ADJUST SCHEDULE
`
`
`
`
`

`

`Case No. IPR2020-00040
`U.S. Patent No. 7,326,708
`
`
`
`Pursuant to the authorization provided in the Scheduling Order (Paper 22 at
`
`7), the Parties jointly request entry of the following adjusted schedule as set forth
`
`below. The Parties note that the following adjusted schedule only reflects
`
`stipulated changes to Due Date 1, the portion of Due Date 2 related to Petitioner’s
`
`reply, and the portion of Due Date 3 related to Patent Owner’s sur-reply. The
`
`Parties further note that they intend to separately seek authorization from the Board
`
`to modify the portion of Due Date 2 related to Petitioner’s opposition to a motion
`
`to amend and the portion of Due Date 3 related to Patent Owner’s reply to an
`
`opposition to a motion to amend. Due Date 4 through Due 8 are unchanged.
`
`Current Due Date in
`Scheduling Order
`
`
`
`August 5, 2020
`
`
`
`
`October 28, 2020
`
`
`
`
`Stipulated Due Date
`
`
`
`August 14, 2020
`
`
`
`
`unchanged
`
`
`
`
`October 28, 2020
`
`November 6, 2020
`
`
`
`
`
`
`
`
`
`
`unchanged
`
`
`
`
`Due Date No.
`
`
`
`Due Date 1
`
`
`
`
`Due Date 2(a)1
`
`
`
`
`Due Date 2(b)2
`
`
`
`
`
`
`
`Due Date 3(b)4
`
`
`
`
`Due Date 4
`
`
`
`Due Date 3(a)3
`
`December 9, 2020
`
`December 9, 2020
`
`December 18, 2020
`
`
`
`
`December 30, 2020
`
`
`
`
`
`
`unchanged
`
`
`
`
`1 Due Date 2(a) refers to the portion of Due Date 2 related to Petitioner’s
`opposition to a motion to amend.
`2 Due Date 2(b) refers to the portion of Due Date 2 related to Petitioner’s reply.
`3 Due Date 3(a) refers to the portion of Due Date 3 related to Patent Owner’s reply
`to an opposition to a motion to amend.
`4 Due Date 3(b) refers to the portion of Due Date 3 related to Patent Owner’s sur-
`reply.
`
`2
`
`

`

`
`
`
`
`
`
`
`Due Date 5
`
`
`
`
`Due Date 6
`
`Due Date 7
`
`
`
`
`Due Date 8
`
`
`
`
`
`
`Date: June 8, 2020
`
`
`
`Case No. IPR2020-00040
`U.S. Patent No. 7,326,708
`
`
`
`January 20, 2021
`
`
`
`
`January 27, 2021
`
`
`
`
`February 3, 2021
`
`
`
`
`February 11, 2021
`
`
`
`
`
`unchanged
`
`
`
`
`unchanged
`
`
`
`
`unchanged
`
`
`
`
`unchanged
`
`
`
`Respectfully submitted,
`
`/Stanley E. Fisher/
`Stanley E. Fisher (Reg. No. 55,820)
`Bruce R. Genderson (Pro Hac Vice)
`Jessamyn S. Berniker (Reg. No. 72,328)
`Alexander S. Zolan (Pro Hac Vice)
`Elise M. Baumgarten (Pro Hac Vice)
`Shaun P. Mahaffy (Reg. No. 75,534)
`Anthony H. Sheh (Reg. No. 70,576)
`WILLIAMS & CONNOLLY LLP
`725 Twelfth Street, N.W.
`Washington, DC 20005
`T: (202) 434-5000
`F: (202) 434-5029
`sfisher@wc.com
`bgenderson@wc.com
`jberniker@wc.com
`azolan@wc.com
`ebaumgarten@wc.com
`smahaffy@wc.com
`asheh@wc.com
`
`Counsel for Patent Owner
`Merck Sharp & Dohme Corp.
`
`
`
`
`
`3
`
`

`

`
`
`
`
`
`
`Case No. IPR2020-00040
`U.S. Patent No. 7,326,708
`
`
`
`
`
`/Jitendra Malik/
`
`Jitendra Malik, Ph.D. (Reg. No. 55,823)
`Alissa M. Pacchioli (Reg. No. 74,252)
`Christopher D. West, Ph.D. (Reg. No.
`74,724)
`Heike S. Radeke, Ph.D. (Reg. No.
`75,394)
`KATTEN MUCHIN ROSENMAN
`550 S. Tryon Street, Suite 2900
`Charlotte, NC 28202-4213
`jitty.malik@katten.com
`alissa.pacchioli@katen.com
`christopher.west@katten.com
`heike.radeke@katten.com
`
`Counsel for Petitioner
`Mylan Pharmaceuticals Inc.
`
`
`4
`
`

`

`Case No. IPR2020-00040
`U.S. Patent No. 7,326,708
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned hereby certifies that a true
`
`and correct copy of the foregoing was served on June 8, 2020, by delivering a copy
`
`via electronic mail on the following attorneys of record:
`
`Jitendra Malik
`Alissa M. Pacchioli
`Christopher W. West
`Heike S. Radeke
`KATTEN MUCHIN ROSENMAN
`550 South Tryon, Street Suite 2900
`Charlotte, NC 28202-4213
`(704) 444-2000
`jitty.malik@kattenlaw.com
`alissa.pacchioli@kattenlaw.com
`christopher.west@katten.com
`heike.radeke@katten.com
`
`
`
`/Shaun P. Mahaffy/
`Shaun P. Mahaffy
`Reg. No. 75,534
`
`
`
`
`
`
`
`
`
`
`
`
`
`5
`
`

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