`__________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________
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`DR. REDDY’S LABORATORIES INC., and
` DR. REDDY’S LABORATORIES LTD.,
`Petitioners,
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`v.
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`MERCK SHARP & DOHME CORP.,
`Patent Owner.
`__________________
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`Case IPR2020-01060
`U.S. Patent 7,326,708
`__________________
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`PATENT OWNER’S OPPOSITION TO MOTION FOR JOINDER
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`I.
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`Case IPR2020-01060 | U.S. Patent 7,326,708
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`TABLE OF CONTENTS
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`LEGAL STANDARD ..................................................................................... 2
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`II.
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`ARGUMENT ................................................................................................... 3
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`A.
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`Joinder Necessitates an Order Providing for an Orderly Party
`Discovery Process. ................................................................................ 4
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`B.
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`Joinder Necessitates an Adjustment to the Schedule. ........................... 9
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`C.
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`Joinder Requires that Joinder Petitioners Serve the Role of True
`Understudies. ....................................................................................... 11
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`D.
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`In the Absence of Needed Safeguards, Merck Opposes Joinder. ....... 13
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`Case IPR2020-01060 | U.S. Patent 7,326,708
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`TABLE OF AUTHORITIES
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`
`Aurobindo Pharma U.S.A. Inc. v. Astrazeneca AB,
`IPR2016-01117, Paper 12 (P.T.A.B. Oct. 21, 2016) .......................................... 12
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`Central Security Grp. – Nationwide, Inc., v. Ubiquitous Connectivity, LP,
`IPR2019-01610, Paper 12 (P.T.A.B. Feb. 26, 2020) .......................................... 13
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`Clear-vu Lighting LLC v. University of Strathclyde,
`IPR2019-00588, Paper 14 (P.T.A.B. Apr. 19, 2019) ........................................... 9
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`Dr. Reddy’s v. Horizon, Inc.,
`IPR2018-01341, Paper 21 (P.T.A.B. Apr. 19, 2019) ................................... 12, 13
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`Ericsson Inc., v. Unicloc
`2017 LLC, IPR2020-00376, Paper 16 (P.T.A.B. May 22, 2020) ....................... 12
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`Garmin International, Inc. v. Cuozzo Speed Techs, LLC,
`IPR2012-00001, Paper 26 (P.T.A.B. Mar. 5, 2013) ............................................. 5
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`Harmonix Music Systems, Inc. v. Princeton Digital Image Corp,
`IPR2015-00271, Paper 15 (P.T.A.B. June 2, 2015) ............................................. 2
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`Kyocera Corp. v. SoftView LLC,
`IPR2013-0004, Paper 15 (P.T.A.B. Apr. 24, 2013) ............................................. 2
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`Maxlinear, Inc. v. Cresta Tech Corp.,
`IPR2015-00594, Paper 35 (P.T.A.B. Jan. 27, 2016) ............................................ 8
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`Mylan Pharmaceuticals, Inc., v. Janssen Oncology, Inc.,
`IPR2016-01332, Paper 21 (P.T.A.B. Jan. 10, 2017) .................................... 13, 14
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`Samsung Electronics, Co. Ltd., v. Evolved Wireless, LLC,
`IPR2017-00106, Paper 14 (P.T.A.B. Feb. 23, 2017) ............................................ 3
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`Taro Pharms. U.S.A., Inc. v. Apotex Techs., Inc.,
`IPR2017-01446, Paper 33 (P.T.A.B. May 11, 2018) ........................................... 8
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`Teva Pharmaceuticals USA Inc. v. Eli Lilly & Co.,
`IPR2016-01340, Paper 8 ..................................................................................... 12
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`Unified Patents Inc. v. Finjan, Inc.,
`IPR2019-01611, Paper 6 (P.T.A.B. Dec. 23, 2019) ............................................. 9
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`Unified Patents, Inc. v. Personalweb Techs. et al.,
`IPR2014-00702, Paper 12 (P.T.A.B. July 24, 2014) .................................. 2, 4, 14
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`ZTE Corp. v. Adaptix, Inc.,
`IPR2015-01184, Paper 10 (P.T.A.B. July 24, 2015) ............................ 5, 7, 14, 15
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`35 U.S.C. §103(c) .................................................................................................... 10
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`35 U.S.C. § 315(b) ................................................................................................... 15
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`35 U.S.C. § 315(c) ..................................................................................................... 2
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`35 U.S.C. § 316(a)(11) ............................................................................................... 3
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`37 C.F.R. § 42.5(c)(2) ................................................................................................ 3
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`37 C.F.R. § 42.20(c) ................................................................................................... 2
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`37 C.F.R. § 42.51(b)(1)(iii) ........................................................................................ 5
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`37 C.F.R. § 42.122 ..................................................................................................... 2
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`Dr. Reddy’s Laboratories, Inc. and Dr. Reddy’s Laboratories, Ltd.
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`(collectively, “DRL”) seek joinder with Mylan Pharmaceuticals Inc. (“Mylan”) in
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`Mylan Pharmaceuticals Inc. v. Merck Sharp & Dohme Corp., IPR2020-00040
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`(“Mylan IPR”). Paper 2. In separate proceedings, Teva Pharmaceuticals USA,
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`Inc. and Watson Laboratories, Inc. (collectively, “Teva”), IPR2020-01045, Paper
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`4, and Sun Pharmaceutical Industries, Ltd. (“Sun”), IPR2020-01072, Paper 2, also
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`seek to join the Mylan IPR.
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`Pursuant to the Board’s June 18, 2020 Order in IPR2020-01045, Paper 5,
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`Merck conferred with Teva, DRL, Sun (“Joinder Petitioners”), and Mylan (Mylan,
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`collectively with Joinder Petitioners, “Petitioners”), to determine what, if any,
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`issues related to joinder remain in dispute. Merck sought (1) Petitioners’
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`agreement to structure any joined proceedings such that Merck would have an
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`opportunity to seek and receive party discovery from Joinder Petitioners before
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`deposing Mylan’s sole expert and before submitting its Patent Owner’s Response;
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`and (2) Joinder Petitioners’ agreement to serve a true understudy role in the Mylan
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`IPR, including by withdrawing each of their experts once Mylan’s expert was
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`deposed.
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`Petitioners have not agreed to these conditions. Joinder therefore threatens
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`to deprive Merck of its discovery rights because the current Mylan IPR schedule
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`does not allow time for Merck to seek and receive discovery and make use of it in
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`1
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`the IPR. Indeed, although Joinder Petitioners indicate that they will abide by
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`whatever schedule adjustment the Board orders in the Mylan IPR, Mylan plans to
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`oppose any adjustment to the schedule. See EX2027. In addition, Merck opposes
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`joinder because Joinder Petitioners have not unequivocally committed to dropping
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`their additional experts or abide by numerous limitations commonly imposed on
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`joinder petitioners by the Board.
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`Unless these issues are resolved in Merck’s favor, joinder is inefficient and
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`prejudicial to Merck. The Board should therefore deny joinder.
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`I.
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`LEGAL STANDARD
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`The decision to grant joinder is discretionary. 35 U.S.C. § 315(c); 37 C.F.R.
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`§ 42.122. Even in the context of identical, “me too” petitions, joinder is not a
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`“matter of right.” Unified Patents, Inc. v. Personalweb Techs. et al., IPR2014-
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`00702, Paper 12 at 4 (P.T.A.B. July 24, 2014). The burden is on Joinder
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`Petitioners to establish they are entitled to joinder. 37 C.F.R. § 42.20(c).
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`The Board determines whether to grant joinder on a “case-by-case basis,
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`taking into account the particular facts of each case.” Harmonix Music Systems,
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`Inc. v. Princeton Digital Image Corp, IPR2015-00271, Paper 15 at 3 (P.T.A.B.
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`June 2, 2015). The Board specifically considers any prejudice to patent owner, id.
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`at 7, and “what impact (if any) joinder would have on the trial schedule for the
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`2
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`existing review,” Kyocera Corp. v. SoftView LLC, IPR2013-0004, Paper 15 at 4
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`(P.T.A.B. Apr. 24, 2013).
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`Separately, the Board has discretion to extend time for good cause, 37
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`C.F.R. § 42.5(c)(2), and, if necessary, to extend the one-year period for issuing a
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`decision by up to six months in the case of joinder, 35 U.S.C. § 316(a)(11). The
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`Board may adjust a scheduling order concurrently with a grant of joinder. See,
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`e.g., Samsung Electronics, Co. Ltd., v. Evolved Wireless, LLC, IPR2017-00106,
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`Paper 14 at 4–5 (P.T.A.B. Feb. 23, 2017).
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`II. ARGUMENT
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`Merck agrees that in some “me too” contexts, there could be efficiencies to
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`joinder—for example, the Board’s ability to resolve all issues with all petitioners in
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`one trial based on all available evidence—but here, Merck opposes joinder to the
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`extent it precludes Merck from discovery to which it is otherwise entitled from
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`Joinder Petitioners, and if Joinder Petitioners are not properly confined to a true
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`“silent understudy” role.
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`The Board should therefore order: (1) that Merck be provided a period to
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`seek discovery from Joinder Petitioners (including time to resolve any discovery
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`disputes and to receive and analyze any such discovery) in the Mylan IPR before
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`deposing the sole expert testifying in support of Mylan’s petition and submitting its
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`Patent Owner’s Response1; and (2) confine Joinder Petitioners to a true understudy
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`role. Without that relief, the proceeding will deprive Merck of its rights to
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`discovery and be less efficient, and, in that circumstance, Merck opposes joinder.
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`A.
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`Joinder Necessitates an Order Providing for an Orderly Party
`Discovery Process.
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`The parties have conferred and agree on several conditions for which Joinder
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`Petitioners will proceed in a “silent understudy” role. See EX2028; EX2029.
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`However, the parties have not agreed on how party discovery from Joinder
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`Petitioners would take place in the event of joinder. Joinder Petitioners have taken
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`the position that Merck has not demonstrated its entitlement to party discovery and
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`are therefore unwilling to engage on sequencing of discovery. EX2029. Mylan
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`opposes any change to the current schedule, and has not explained how Merck
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`could take party discovery under this schedule. EX2027.
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`Joinder Petitioners put the cart before the horse by requiring that Merck
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`show entitlement to party discovery before discussing the process for seeking any
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`such discovery.2 Clearly, Merck has the right to seek routine and additional
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`1 Contemporaneously with this Opposition, Merck will seek authorization to file a
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`motion to adjust the Scheduling Order in the Mylan IPR if joinder is ordered.
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`2 Joinder Petitioners argue that Merck has not identified specific documents or
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`testimony that it is seeking. EX2029. While Merck has previewed the nature of
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`discovery from all parties to the proceeding, including Joinder Petitioners. ZTE
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`Corp. v. Adaptix, Inc., IPR2015-01184, Paper 10 at 4–5 (P.T.A.B. July 24, 2015).
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`Neither Mylan nor Joinder Petitioners have disputed this basic proposition. But
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`until Joinder Petitioners are joined as parties in the Mylan IPR, Merck has no right
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`to seek party discovery, or if there is a dispute, move to compel it.
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`This dispute related to discovery from Joinder Petitioners is not merely
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`academic. Merck believes it has a good faith basis to seek discovery from Joinder
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`Petitioners. See 37 C.F.R. § 42.51(b)(1)(iii) (“a party must serve relevant
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`information that is inconsistent with a position advanced by the party during the
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`proceeding”); Garmin International, Inc. v. Cuozzo Speed Techs, LLC, IPR2012-
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`00001, Paper 26 (P.T.A.B. Mar. 5, 2013). Although it is not Merck’s burden to
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`show it is entitled to discovery from Joinder Petitioners at this stage—and Merck
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`does not intend to take on that burden here—Merck provides the following detail
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`related to each Joinder Petitioner in the interest of transparency and to demonstrate
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`why joinder without a schedule adjustment prejudices Merck.
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`the discovery it will seek, the current inquiry is whether Merck has a reasonable
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`basis to seek it. Unified Patents, IPR2014-00702, Paper 12 at 5. If joinder is
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`ordered, Merck will confer with Joinder Petitioners on specific discovery requests
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`and, if necessary, seek authorization from the Board to file a motion.
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`Teva: In its Petition, Teva takes the position that forming a sitagliptin
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`phosphate salt “necessarily” forms a salt with a 1:1 ratio of phosphate to
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`sitagliptin. See IPR2020-01045, EX1002 ¶ 132; see also IPR2020-00040, Paper
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`21 (describing Mylan’s position, which is mirrored in Teva’s “me too” petition).
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`Teva, however, participated in prior patent office proceedings in Israel where its
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`expert, Dr. Leonard Chyall, generated non-privileged data and analysis relating to
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`the feasibility of sitagliptin accepting a second proton and creating non-1:1
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`dihydrogenphosphate salts of sitagliptin. See, e.g., EX2030 at 35–41 (Dr. Chyall
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`explaining results of solubility experiments that are consistent with non-1:1 salts of
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`sitagliptin being possible); EX2031 ¶ 12 (“The recovered solids had the same
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`characteristic XRPD pattern as that of Prof. Atwood’s solids [which Merck argued
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`showed non-1:1 salts].”).
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`Merck believes that the data provided by Teva in that prior proceeding is
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`inconsistent with Teva’s (and other Joinder Petitioners’) position and expert
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`testimony that sitagliptin can only be mono-protonated and form 1:1
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`dihydrogenphosphate salts. Indeed, Dr. Chyall, who ran many of the tests in that
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`prior proceeding, is Teva’s declarant in IPR2020-01045. Presumably because it
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`was a “me too” declaration, Dr. Chyall did not cite, comment on, or append any of
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`that testing to his declaration. If Teva is joined, Merck will serve particularized
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`requests directed at the testing.3
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`DRL and Sun: Joinder Petitioners DRL and Sun have patents and
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`applications related to sitagliptin. These filings characterize the relevant
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`disclosures of U.S. Patent 6,699,871 (“the ’871 patent”), which is the subject of
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`several Grounds, in a manner that is inconsistent with the positions taken in their
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`respective Petitions. Unlike their “me too” Petitions which argue that “the ’871
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`patent teaches the phosphoric acid salt of sitagliptin,” see, e.g., Paper 2 at 33, their
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`patent documents, just like Merck’s own ’708 patent, characterize the ’871 patent
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`as “generally” disclosing “pharmaceutically acceptable salts.” EX2032 (U.S.
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`Patent No. 8,309,724 (DRL Patent)) at 1:39-42; EX2033 (WO20130014574 (Sun
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`Application)) at 1:13-15; EX1001 (’708 Patent) at 1:55–59. Put simply, DRL’s
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`and Sun’s Petitions are inconsistent with the positions DRL and Sun put forth
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`when seeking their own patents. These statements are also in contrast to the
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`Board’s institution decision, which preliminarily concluded that the “Examiner
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`3 Merck does not know whether all such testing information is publicly available.
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`Moreover, Merck may request that a Teva witness answer questions about the
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`inconsistencies. ZTE, IPR2015-01184, Paper 10 at 5.
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`4 Patent application assigned to Sun’s subsidiary, Ranbaxy. EX2034.
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`simply overlooked WO ’498’s teaching of sitagliptin and a ‘particularly preferred’
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`phosphoric acid salt form.” IPR2020-00040, Paper 21 at 18. Merck believes it is
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`entitled to probe those inconsistencies through particularized requests related to
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`these documents in party discovery.
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`The Board has recognized that the type of discovery Merck seeks here is
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`discovery to which patent owners are entitled. See, e.g., Maxlinear, Inc. v. Cresta
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`Tech Corp., IPR2015-00594, Paper 35 at 7 (P.T.A.B. Jan. 27, 2016) (granting
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`motion to compel production of evidence inconsistent with position advanced as
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`routine discovery); Taro Pharms. U.S.A., Inc. v. Apotex Techs., Inc., IPR2017-
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`01446, Paper 33 at 9 (P.T.A.B. May 11, 2018) (granting discovery of documents
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`“both relevant to, and inconsistent with, positions advanced” by a party).
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`While Joinder Petitioners may oppose these requests, their refusal to commit
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`to a process by which Merck could seek discovery in a sequenced fashion once
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`joinder is ordered puts Merck in an untenable position. On the one hand, Joinder
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`Petitioners’ reply to this opposition on joinder is not due for one month, and then
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`presumably the Board will take time to issue an order on joinder. If joinder is
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`ordered, conferring on and then litigating these discovery requests will take time,
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`and then, if ordered, Joinder Petitioners will need to produce the discovery, and
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`Merck needs time to make use of it in deposition or otherwise. On the other hand,
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`the deposition of the sole expert testifying in support of Mylan’s Petition is
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`scheduled to occur in less than a month, EX2035, and Merck’s Patent Owner’s
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`Response is due in just over a month, IPR2020-00040, Paper 32. As such, Merck
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`cannot simply wait until joinder is ordered and after the Board adjudicates the
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`merits of Merck’s discovery requests to seek an adjustment to the scheduling order
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`in the Mylan IPR.
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`B.
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`Joinder Necessitates an Adjustment to the Schedule.
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`In conjunction with ensuring the schedule is sequenced to permit Merck to
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`seek discovery prior to depositions and submission of its Patent Owner’s
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`Response, the Board should find there is “good cause” for an extension of time to
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`allow for this order of proceedings.
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`The Board has recognized that parties are entitled to “adequate time for
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`Petitioner to produce responsive documents, and for Patent Owner to consider the
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`documents produced.” Clear-vu Lighting LLC v. University of Strathclyde,
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`IPR2019-00588, Paper 14 at 13 (P.T.A.B. Apr. 19, 2019) (extending due date for
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`patent owner’s preliminary response to account for additional discovery); see also
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`Unified Patents Inc. v. Finjan, Inc., IPR2019-01611, Paper 6 at 2 (P.T.A.B. Dec.
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`23, 2019) (granting extension of time for additional discovery).
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`Without an adjustment to the schedule in the Mylan IPR, Merck will not
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`have the opportunity to seek discovery before deposing Mylan’s expert and filing
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`its response. As described above, the parties will not have sufficient time to confer
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`and, if necessary, brief Merck’s request for routine or additional discovery, much
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`less time for Merck to actually receive and make use of any such discovery in
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`advance of Merck’s expert deposition and Patent Owner’s Response.
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`Further, the process of addressing joinder-related issues itself is taking time.
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`This joinder scenario is unique and complex—and layered on top of the discovery
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`issues made relevant by joinder, there are multiple grounds of institution, issues
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`concerning antedating references and 35 U.S.C. §103(c), and anticipation and
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`obviousness arguments. IPR2020-00040, Paper 21. Merck currently has just over
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`three months to present the evidence and argument in support of its Patent Owner’s
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`Response. But with joinder, Merck would have to litigate the propriety of party
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`discovery against three new Joinder Petitioners (each of whom have reserved the
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`right to advocate for themselves in a non-understudy role in these disputes) in this
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`critical period of time. EX2029. Making matters more complicated, Mylan has
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`reaffirmed that it reserves the right to weigh in on party discovery of Joinder
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`Petitioners, such that Merck will now be conferring with two parties when it seeks
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`discovery from a single party. EX2036. Accordingly, Merck would be prejudiced
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`without an appropriate adjustment to the schedule.
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`Merck is amenable to negotiating a revised schedule with the Petitioners that
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`accounts for the issues raised herein, and that works for the parties and the Board.
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`As a proposal, Merck suggests that DUE DATE 1 occur two months after joinder
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`is ordered, with the remaining due dates adjusted in commensurate fashion.
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`Merck will seek permission from the Board to file a motion making corresponding
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`adjustments to the schedule in the Mylan IPR. This proposed schedule adjustment
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`would address the issues introduced by the Motions for Joinder but still ensure that
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`a final written decision is issued as soon as possible.
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`C.
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`Joinder Requires that Joinder Petitioners Serve the Role of True
`Understudies.
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`The Board should additionally deny joinder unless Joinder Petitioners are
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`confined to the role of true silent understudies in the Mylan IPR. Joinder
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`Petitioners have refused to abide by conditions typically imposed on silent
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`understudies.
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`First, Joinder Petitioners have hedged on the withdrawal of their “me too”
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`experts, stating that they “reserve the right to use their own experts” and then only
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`provide an “example” of when they may use that reservation. EX2037; EX2038
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`(emphasis added). Such a reservation of rights is unacceptable. Merck is
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`concerned that it is going to get sandbagged by an 11th hour attempt to resurrect
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`one of the “me too” experts after Merck has taken its expert deposition, submitted
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`its Patent Owner’s Response, and laid bare its trial strategy. That is fundamentally
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`unfair. Joinder Petitioners should have to commit not to use their own experts after
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`the deposition of Mylan’s expert, period.
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`Second, Joinder Petitioners have refused to limit their participation in the
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`Mylan IPR in ways that the Board has found necessary in other proceedings. In
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`the meet and confer process, Merck has asked Joinder Petitioners to commit to the
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`following:
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` Mylan will be subject to the word count limits for a single party when filing
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`papers on behalf of itself and Joinder Petitioners. EX2037 at 3; Aurobindo
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`Pharma U.S.A. Inc. v. Astrazeneca AB, IPR2016-01117, Paper 12 at 11
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`(P.T.A.B. Oct. 21, 2016).
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` Joinder Petitioners must obtain prior Board authorization to file any paper or
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`to take any action on its own in the Mylan IPR. EX2037 at 3; Ericsson Inc.,
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`v. Unicloc 2017 LLC, IPR2020-00376, Paper 16 at 10 (P.T.A.B. May 22,
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`2020).
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` Joinder Petitioners will not serve discovery requests in connection with the
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`Mylan IPR. EX2037 at 3; Aurobindo, IPR2016-01117, Paper 12 at 6.
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` Joinder Petitioners’ counsel will not participate in a speaking role in any
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`telephonic conference before the Board in the Mylan IPR. EX2037 at 4;
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`Teva Pharmaceuticals USA Inc. v. Eli Lilly & Co., IPR2016-01340, Paper 8
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`at 3, Paper 9 at 11 (P.T.A.B. Oct. 6, 2016).
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` Counsel for Joinder Petitioners will not participate in oral argument in the
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`Mylan IPR. EX2037 at 4; Dr. Reddy’s v. Horizon, Inc., IPR2018-01341,
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`Paper 21 at 7 (P.T.A.B. Apr. 19, 2019).
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`Without providing their reasoning, Joinder Petitioners have refused to agree
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`to the above conditions. EX2038 (writing on behalf of “Joinder Petitioners Teva,
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`Sun and DRL”: “[O]ur silence should not be construed as an agreement to any
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`particular condition”). The Board has required these covenants as a condition of
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`joinder, because these conditions ensure the efficient and orderly resolution of the
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`proceedings. Dr. Reddy’s v. Horizon, IPR2018-01341, Paper 21 at 7. Joinder
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`Petitioners’ refusal to agree to them is unjustified and is a basis to deny joinder.
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`Mylan Pharmaceuticals, Inc., v. Janssen Oncology, Inc., IPR2016-01332, Paper 21
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`at 10–11 (P.T.A.B. Jan. 10, 2017).
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`D.
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`In the Absence of Needed Safeguards, Merck Opposes Joinder.
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`The Board has the discretion to and should order that party discovery occur
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`in advance of key deadlines imposed on Merck and, to accomplish that, extend the
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`schedule in the Mylan IPR for good cause. The Board should also ensure that
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`Joinder Petitioners are true understudies in the Mylan IPR. Absent those
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`accommodations, Merck opposes joinder as it would be prejudiced, and joinder
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`would not “ensure the just, speedy, and inexpensive resolution of every
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`Case IPR2020-01060 | U.S. Patent 7,326,708
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`proceeding.” Central Security Grp. – Nationwide, Inc., v. Ubiquitous Connectivity,
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`LP, IPR2019-01610, Paper 12 at 6 (P.T.A.B. Feb. 26, 2020).
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`The Board has denied joinder in cases such as this one where joinder would
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`spur the need for additional discovery and thereby affect the schedule. See, e.g.,
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`Unified Patents, IPR2014-00702, Paper 12 at 5–6; ZTE, IPR2015-01184, Paper 10
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`at 4–5. The Board has also denied joinder in circumstances, like the one here,
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`where the petitioner did not “offer a practical way to accommodate the additional
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`discovery without inconveniencing all involved or delaying the due dates.”
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`Janssen Oncology, IPR2016-01332, Paper 21 at 11.
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`Joinder Petitioners’ assertion that “joinder will neither unduly complicate the
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`Mylan IPR nor delay its schedule,” Paper 3 at 2; see also IPR2020-01045, Paper 4
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`at 2; IPR2020-01072, Paper 3 at 7, is without basis. As outlined above, the parties
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`need time to conduct party discovery prior to Merck’s deadline to file its Patent
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`Owner’s Response and depose Mylan’s sole expert. This complicates the schedule
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`and introduces additional issues into the Mylan IPR. See Unified Patents,
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`IPR2014-00702, Paper 12 at 5–6 (“[The] potential for additional discovery
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`presents a new substantive issue beyond what is already before us [] and, as a
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`result, weighs in favor of denying [the] Motion for Joinder.”). Further, Joinder
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`Petitioners’ refusal to serve the role of true understudies, including by
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`unconditionally withdrawing their own declarants after the deposition of Mylan’s
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`Case IPR2020-01060 | U.S. Patent 7,326,708
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`declarant, further complicates the trial. ZTE, IPR2015-01184, Paper 10 at 5 (“We
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`agree with Patent Owner that the new issues raised by reliance on the different
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`declarant in the instant Petition would adversely impact the IPR ’1525 trial.”).
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` Without the requested safeguards, the Board should deny joinder.
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`Date: July 10, 2020
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`Respectfully submitted,
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`/Stanley E. Fisher/
`Stanley E. Fisher (Reg. No. 55,820)
`Bruce R. Genderson (Pro Hac Vice
`motion to be submitted)
`Jessamyn S. Berniker (Reg. No. 72,328)
`Alexander S. Zolan (Pro Hac Vice
`motion to be submitted)
`Elise M. Baumgarten (Pro Hac Vice
`motion to be submitted)
`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
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`Counsel for Patent Owner
`Merck Sharp & Dohme Corp.
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`Case IPR2020-01060 | U.S. Patent 7,326,708
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e), the undersigned hereby certifies that a true
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`and correct copy of the foregoing was served on July 10, 2020, by delivering a
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`copy via electronic mail on the following attorneys of record:
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`Russell W. Faegenburg
`Tedd W. Van Buskirk
`Michael H. Teschner
`LERNER, DAVID, LITTENBERG,
`KRUMHOLZ & MENTLIK, LLP
`20 Commerce Drive, Cranford, New
`Jersey 07016
`(908) 518-6367
`Rfaegenburg.ipr@ldlkm.com
`Tvanbuskirk@lernerdavid.com
`MTeschner.ipr@ldlkm.com
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`
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`/Anthony H. Sheh/
`Anthony H. Sheh
`Reg. No. 70,576
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