`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
`
`
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