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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 IPR2020-00040
`U.S. Patent 7,326,708
`__________________
`
`
`
`JOINT NOTICE OF STIPULATION TO ADJUST SCHEDULE AND
`[PROPOSED] ORDER
`
`
`
`
`

`

`
`
`Pursuant to the authorization from the Board during the conference call on
`
`Case IPR2020-00040 | U.S. Patent 7,326,708
`
`August 10, 2020, during which the Board authorized 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 Due Date
`
`2(a). The remaining dates remain unchanged.
`
`Due Date No.
`
`
`
`Due Date 1
`
`
`
`
`Due Date 2(a)2
`
`
`
`
`Current Due Date1
`
`Stipulated Due Date
`
`
`
`August 21, 2020
`
`
`
`
`
`
`unchanged
`
`
`
`
`November 6, 2020
`
`November 13, 2020
`
`
`
`
`
`
`Due Date 2(b)3
`
`November 13, 2020
`
`unchanged
`
`
`
`
`Due Date 3(a)4
`
`
`
`
`
`
`December 18, 2020
`
`
`
`
`unchanged
`
`
`
`
`1 The Current Due Dates column reflects the changes previously stipulated to by
`
`the Parties and ordered by the Board (Paper 32, Paper 37).
`
`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.
`
`2
`
`

`

`Case IPR2020-00040 | U.S. Patent 7,326,708
`
`
`
`
`
`
`
`
`Due Date 3(b)5
`
`
`
`December 18, 2020
`
`
`
`
`
`
`
`
`
`unchanged
`
`
`
`
`Due Date 4
`
`December 30, 2020
`
`unchanged
`
`
`
`
`
`
`
`Due Date 5
`
`January 20, 2021
`
`
`
`
`
`
`
`Due Date 6
`
`January 27, 2021
`
`
`
`
`Due Date 7
`
`February 3, 2021
`
`
`
`
`Due Date 8
`
`
`
`
`
`
`February 11, 2021
`
`
`
`
`
`
`unchanged
`
`
`
`
`unchanged
`
`
`
`
`unchanged
`
`
`
`
`unchanged
`
`
`Date: August 11, 2020
`
`/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
`(704) 444-2000
`jitty.malik@katten.com
`alissa.pacchioli@katten.com
`christopher.west@katten.com
`heike.radeke@katten.com
`
`Counsel for Petitioner
`Mylan Pharmaceuticals Inc.
`
`
`
`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
`
`
`5 Due Date 3(b) refers to the portion of Due Date 3 related to Patent Owner’s sur-
`
`reply.
`
`3
`
`

`

`
`
`
`
`Case IPR2020-00040 | U.S. Patent 7,326,708
`
`Counsel for Patent Owner
`Merck Sharp & Dohme Corp.
`
`4
`
`

`

`Case IPR2020-00040 | U.S. Patent 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 August 11, 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 ROSEMAN LLP
`550 South Tryon, Street Suite 2900
`Charlotte, NC 28202-4213
`(704) 444-2000
`jitty.malik@kattenlaw.com
`alissa.pacchioli@katten.com
`christopher.west@katten.com
`heike.radeke@katten.com
`
`
`
`/Anthony H. Sheh/
`Anthony H. Sheh
`Reg. No. 70,576
`
`
`
`
`
`5
`
`

`

`
`
`
`
`Case IPR2020-00040 | U.S. Patent 7,326,708
`
`[Proposed] ORDER
`
`Conduct of the Proceeding
`
`Pursuant to an agreement between the Parties, and further to the conference
`
`call with the Parties on August 10, 2020, during which the Board authorized the
`
`aforementioned agreement, the Board is aware that the Parties have agreed to the
`
`following changes to the Scheduling Order:
`
`Current Due Date1
`
`Stipulated Due Date
`
`
`
`August 21, 2020
`
`
`
`
`
`
`unchanged
`
`
`
`November 6, 2020
`
`November 13, 2020
`
`Due Date No.
`
`
`
`Due Date 1
`
`
`
`
`Due Date 2(a)2
`
`
`
`
`
`
`Due Date 2(b)3
`
`November 13, 2020
`
`
`
`
`
`
`
`Due Date 3(a)4
`
`December 18, 2020
`
`
`
`
`Due Date 3(b)56
`
`
`
`
`
`December 18, 2020
`
`
`
`
`
`
`unchanged
`
`
`
`unchanged
`
`
`
`
`unchanged
`
`
`
`
`61 The Current Due Dates column reflects the changes previously stipulated to by
`
`the Parties and ordered by the Board (Paper 32, Paper 37).
`
` 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.
`
`6
`
`

`

`Case IPR2020-00040 | U.S. Patent 7,326,708
`
`
`
`
`
`
`
`
`
`
`Due Date 4
`
`
`
`
`
`
`December 30, 2020
`
`
`
`
`Due Date 5
`
`January 20, 2021
`
`
`
`
`
`
`
`Due Date 6
`
`January 27, 2021
`
`
`
`
`Due Date 7
`
`February 3, 2021
`
`
`
`
`Due Date 8
`
`
`
`
`
`
`February 11, 2021
`
`
`
`In consideration of the foregoing, it is hereby:
`
`
`
`unchanged
`
`
`
`
`unchanged
`
`
`
`
`unchanged
`
`
`
`
`unchanged
`
`
`
`
`unchanged
`
`ORDERED that the Parties’ requested changes are granted and the Parties
`
`are to adhere to the below REVISED DUE DATE APPENDIX.
`
`
`
`
`
`
` 5 Due Date 3(b) refers to the portion of Due Date 3 related to Patent Owner’s sur-
`
`reply.
`
`7
`
`

`

`Case IPR2020-00040 | U.S. Patent 7,326,708
`
`
`
`REVISED DUE DATE APPENDIX
`
`
`DUE DATE 1 .......................................................................... August 21, 2020
`
`Patent Owner’s response to the petition
`Patent Owner’s motion to amend the patent
`
`
`DUE DATE 2 ...................................................................... November 13, 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 11, 2021
`
`Oral argument (if requested)
`
`8
`
`

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