`To:
`Cc:
`Subject:
`Date:
`
`Ferguson, Brian
`Precedential_Opinion_Panel_Request
`Eholland@goodwinlaw.com; James Wiley; wjames@goodwinlaw.com; Cipriano, Linnea P; Regeneron-IPR-Service
`IPR2020-01317: Withdrawal of POP Consideration
`Friday, April 16, 2021 3:00:18 PM
`
`IPR2020-01317
`
`Dear Board:
`
`I write on behalf of Petitioner Regeneron Pharmaceuticals, Inc. in the matter of Regeneron
`Pharma., Inc. v. Novartis Pharma AG et al., IPR2020-01317. On February 12, 2021,
`Regeneron submitted a request to the Precedential Opinion Panel (“POP”) requesting review
`of the Board’s January 15, 2021 denial of institution based on the Board’s policy of applying
`the Fintiv factors in petitions involving parallel International Trade Commission (“ITC”)
`investigations. On April 5, 2021, Regeneron sent a follow-up email concerning a recently-
`issued order from an administrative law judge at the ITC.
`
`I now write to inform the POP that Regeneron hereby withdraws its request for the POP to
`review the Board’s denial of institution in this proceeding. On April 7, 2021, before trial was
`to take place, Patent Owner filed a motion at the ITC to terminate the proceeding and
`withdraw its complaint. On April 8, 2021, the administrative law judge granted Patent
`Owner’s motion. Accordingly, the reason why the Board discretionarily denied institution of
`the present proceeding under 35 U.S.C. § 314(a) – the pendency of the parallel ITC
`investigation – no longer applies. Regeneron is thus filing a new petition for inter partes
`review, as it is within its statutory deadline to do so. Regeneron also will file a motion to
`withdraw its pending request for rehearing in the present proceeding.
`
`If the POP has any questions, please let me know.
`
`Respectfully submitted,
`
`Brian E. Ferguson
`Backup Counsel for Petitioner Regeneron Pharmaceuticals, Inc.
`
`Brian E. Ferguson
`Co-Head, Patent Litigation Group
`Pronouns: He/him/his
`
`Weil, Gotshal & Manges LLP
`2001 M Street NW, Suite 600
`Washington, DC 20036
`brian.ferguson@weil.com
`
`IPR2020-01317
`Ex. 3004
`
`
`
`+1 202 682 7516 Direct
`+1 301 801 8870 iPhone
`
`
`
`The information contained in this email message is intended only for use of the individual or entity named
`above. If the reader of this message is not the intended recipient, or the employee or agent responsible to
`deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying
`of this communication is strictly prohibited. If you have received this communication in error, please
`immediately notify us by email, postmaster@weil.com, and destroy the original message. Thank you.
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
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.
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.
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
