throbber
Paper 32
`Paper 32
`Entered June 26, 2020
`Entered June 26, 2020
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`MYLAN PHARMACEUTICALS INC,
`Petitioner,
`
`V.
`
`MERCK SHARP & DOHME CORR,
`Patent Owner.
`
`Case No. lPR2020—00040
`
`U.S. Patent No. 7,326,708
`
`JOINT NOTICE OF STIPULATION TO ADJUST SCHEDULE AND
`[MD] ORDER
`
`72m
`
`
`
`

`

`Case No. IPR2020—00040
`
`U.S. Patent No. 7,326,708
`
`Pursuant to the email from the Board on June 9, 2020, in which the Board
`
`instructed the Parties to file a stipulation and proposed order to memorialize
`
`requested changes to the Scheduling Order, Patent Owner Merck Sharp & Dohme
`
`Corp. and Petitioner Mylan Pharmaceuticals Inc. hereby notify the Board that they
`
`have stipulated to the requested changes to the Scheduling Order set forth below.
`
`The Parties note that the following adjusted schedule only reflects stipulated
`
`changes to 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. The remaining dates remain unchanged. In the
`
`Board’s email dated June 9, 2020, the Board preliminarily approved the following
`
`changes to the schedule:
`
`Due Date No.
`
`
`
`Current Due Date1
`
`
`
`Due Date 2(b)3
`
`Due Date 3(a)4
`
`December 9, 2020
`
`
`
`
`October 28, 2020
`Due Date 2(a)2
`
`
`
`
`
`
`November 6, 2020
`
`
`
`
`
`
`
`Sti n uiated Due Date
`
`November 6, 2020
`
`
`
`
`
`
`December 18, 2020
`
`
`
`' The Current Due Dates column reflects the changes previously stipulated to by
`the Parties (Paper 30) for Due Dates 1, 2(b) and 3(b) pursuant to the authorization
`provided in the Scheduling Order (Paper 22, at 7).
`3 Due Date 2(a) refers to the portion of Due Date 2 related to Petitioner’s
`opposition to a motion to amend.
`3 Due Date 2(b) refers to the portion of Due Date 2 related to Petitioner’s reply.
`
`
`
`

`

`T“... ...... an ”H'Y'F1
`
`Case No. IPR2020—00040
`
`US. Patent No. 7,326,708
`
`
`
`Due Date 303)5 December 18, 2020
`
`Due Date 4
`
`December 30, 2020
`
`

`

`Case No. IPR2020—00040
`
`U.S. Patent No. 7,326,708
`
`Counselfor Patent Owner
`Merck Sharp & Dohme Corp.
`
`/Jitendra Malik/
`
`Jitendra Malik, PhD. (Reg. No. 55,823)
`Alissa M. Pacchioli (Reg. No. 74,252)
`Christopher D. West, PhD. (Reg. No.
`74,724)
`Heike S. Radeke, PhD. (Reg. No.
`
`75,394)
`KATTEN MUCHIN ROSENMAN
`
`550 S. Tryon Street, Suite 2900
`Charlotte, NC 28202-4213
`jitty.malik@kattenlaw.com
`a]issa.pacchioli@katten.com
`christopher.west@katten.com
`heike.radeke@katten.com
`Counsel for Petitioner
`
`Mylan Pharmaceuticals Inc
`
`Counsel for Petitioner
`fi/[ylcm Pharmaceuticals Inc.
`
`
`
`

`

`Case No. IPR2020-00040
`
`US. Patent No. 7,326,708
`
`[W] ORDER
`
`many
`
`Conduct of the Proceeding
`
`Pursuant to an agreement and stipulation between the parties, and further to
`
`the email from the Board on June 9, 2020, in which the Board instructed the parties
`
`to file a stipulation and proposed order to memorialize the aforementioned
`
`agreement, the Board is aware that the parties have stipulated to the following
`
`changes to the Scheduling Order:
`
`Current Due Date1
`
`Stiulated Due Date
`
`Due Date 2(a)2
`
`Due Date 2(b)3
`
`November 6, 2020
`
`
`
`
`
`
`
`
`
`
`
`unchanged
`October 28, 2020
`November 6, 2020
`
`Due Date 3(a)“
`December 9, 2020
`December 18, 2020
`
`
`
`
`December 18, 2020
`Due Date 3(b)56
`
`
`
`
`Due Date 4
`December 30, 2020
`unchanged
`
`January 20, 2021 unchanged
`
`Due Date 5
`
`unchanged
`
`
`
`1 The Current Due Dates column reflects the changes previously stipulated to by
`the Parties (Paper 30) for Due Dates 1, 2(b) and 3(b) pursuant to the authorization
`provided in the Scheduling Order (Paper 22, at 7).
`2 Due Date 2(a) refers to the portion of Due Date 2 related to Petitioner’s
`opposition to a motion to amend.
`3 Due Date 2(b) refers to the portion of Due Date 2 related to Petitioner’s reply.
`4 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.
`5 Due Date 3(b) refers to the portion of Due Date 3 related to Patent Owner’s sur-
`reply.
`
`
`
`

`

`
`
`Case No. 1PR2020-00040
`
`US. Patent No. 7,326,708
`
`
`
`January 27, 2021 Due Date 6 unchanged ‘
`
`
`
`
`Due Date 7
`February 3, 2021
`
`
`
`unchanged
`
`In consideration of the foregoing, it is hereby:
`
`ORDERED that the Parties" requested Changes are granted and the Parties
`
`are to adhere to the below REVISED DUE DATE APPENDIX.
`
`
`
`

`

`Case No. 1PR2020—00040
`
`US. Patent No. 7,326,708
`
`REVISED DUE DATE APPENDIX
`
`DUE DATE 1 .......................................................................... August 14, 2020
`
`Patent Owner‘s response to the petition
`Patent Owner’s motion to amend the patent
`
`DUE DATE 2 ...................................................................... November 6, 2020
`
`Petitioner’s reply to Patent Owner’s response to petition
`Petitioner’s opposition to motion to amend
`
`DUE DATE 3 ..................................................................... December 18, 2020
`
`Patent Owner’s sur-reply to reply
`Patent Owner’s reply to opposition to motion to amend (or Patent Owner’s
`revised motion to amend)
`
`DUE DATE 4 ................................................................... December 30, 2020
`
`Request for oral argument (may not be extended by stipulation)
`
`DUE DATE 5 ....................................................................... January 20, 2021
`
`Petitioner’s sur-reply to reply to opposition to motion to amend
`Motion to exclude evidence
`
`DUE DATE 6 ....................................................................... January 27, 2021
`
`Opposition to motion to exclude
`Request for prehearing conference
`
`DUE DATE 7 ....................................................................... February 3, 2021
`
`Reply to opposition to motion to exclude
`
`DUE DATE 8 ..................................................................... February 1 l, 2021
`
`Oral argument (if requested)
`
`
`
`

`

`Case No. lPR2020-00040
`
`US. 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 ofthe foregoing was served on June 12, 2020, by delivering a
`
`copy via electronic mail on the following attorneys of record:
`
`J itendra Malik
`
`Alissa M. Pacchioli
`
`Christopher W. West
`Heike S. Radeke
`
`KATTEN MUCHIN ROSEMAN LLP
`
`550 South Tryon, Street Suite 2900
`Charlotte, NC 28202-4213
`
`(704) 444-2000
`jitty.malik@kattenlaw.com
`a1issa.pacchioli@katten.com
`christopher.west@katten.com
`heike.radeke@katten.com
`
`/Shaun. P. Mahaffg/
`Shaun P. Mahaffy
`Reg. No. 75,534
`
`
`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket