`_____________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________________
`
`MYLAN PHARMACEUTICALS INC.,
`MSN LABORATORIES PRIVATE LTD.,
`and MSN PHARMACEUTICALS INC.,
`Petitioners,
`
`v.
`
`BAUSCH HEALTH IRELAND LIMITED,
`Patent Owner.
`————————————————
`IPR2022-007221
`Patent 7,041,786 B2
`————————————————
`
`PETITIONER MYLAN’S NOTICE OF APPEAL
`
`1 IPR2023-00016 has been joined with this proceeding.
`
`
`
`Petitioner Mylan Pharmaceuticals Inc. (“Mylan”) appeals to the United States Court of
`
`Appeals for the Federal Circuit from the Patent Trial and Appeal Board’s Final Written
`
`Decision in this inter partes review entered on September 8, 2023, (Paper 78), and from all
`
`other underlying orders, decisions, rulings, and opinions. 35 U.S.C. §§141(c) and 319. This
`
`notice of appeal is timely. 35 U.S.C. §142; 37 C.F.R. §90.2(a).
`
`For the limited purpose of addressing the Director of the United States Patent and
`
`Trademark Office’s additional requirements in 37 C.F.R. §90.2(a)(3)(ii), the issues on appeal
`
`include the Board’s determination that claims 1-6 of U.S. Patent No. 7,041,786 B2 are not
`
`unpatentable. The issues on appeal also include any finding or determination supporting or
`
`related to these issues, as well as all other issues decided adversely to Mylan in any order,
`
`decision, ruling, or opinion.
`
`Mylan is simultaneously filing this notice with the Director and serving it on patentee
`
`Bausch Health Ireland Limited and the MSN petitioners. 37 C.F.R. §§42.6(e),
`
`90.2(a)(1). Mylan is also filing this notice, along with the required fees, with the Clerk’s
`
`Office for the United States Court of Appeals for the Federal Circuit. Fed. Cir. R. 15(a)(1).
`
`Dated: September 28, 2023
`
`Respectfully submitted,
`
`
`/Jad A. Mills/
`Jad A. Mills, Reg. No. 63,344
`Counsel for Mylan Pharmaceuticals Inc.
`
`-1-
`
`
`
`CERTIFICATES OF FILING AND SERVICE
`
`I hereby certify that, in addition to filing through the Patent Trial and Appeal Board’s
`
`P-TACTS system, Mylan filed this notice today by Express Mail with the Director of the
`
`United States Patent and Trademark Office, at the following address:
`
`Director of the U.S. Patent and Trademark Office
`c/o Office of the General Counsel
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`I hereby certify that Mylan filed a true and correct copy of this notice today by
`
`CM/ECF, with the Clerk’s Office of the United States Court of Appeals for the Federal
`
`Circuit.
`
`I certify that Mylan served a true and correct copy of this notice today at the patentee’s
`
`electronic service addresses as follows:
`
`Justin J. Hasford
`
`Bryan C. Diner
`
`justin.hasford@finnegan.com
`
`bryan.diner@finnegan.com
`
`Joshua L. Goldberg
`
`joshua.goldberg@finnegan.com
`
`Caitlin E. O’Connell
`
`caitlin.oconnell@finnegan.com
`
`Kyu Yun Kim
`
`kyuyun.kim@finnegan.com
`
`Kassandra Officer
`
`kassandra.officer@finnegan.com
`
`Lauren J. Robinson
`
`lauren.robinson@finnegan.com
`
`-2-
`
`
`
`and on joinder counsel as follows:
`
`Andrew Larsen
`
`alarsen@merchantgould.com
`
`Melissa Hayworth
`
`mhayworth@merchantgould.com
`
`Christopher J. Sorenson
`
`csorenson@merchantgould.com
`
`Richard J. Berman
`
`Bradford C. Frese
`
`richard.berman@afslaw.com
`
`bradford.frese@afslaw.com
`
`Dated: September 28, 2023
`
`Respectfully submitted,
`
`/Jad A. Mills /
`Jad A. Mills, Reg. No. 63,344
`Counsel for Mylan Pharmaceuticals Inc.
`
`-3-
`
`
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