`571-272-7822 Entered: December 26, 2023
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`MYLAN PHARMACEUTICALS INC.,
`Petitioner,
`v.
`NOVO NORDISK A/S,
`Patent Owner.
`
`
`
`
`
`IPR2023-00724
`Patent 10,335,462 B2
`____________
`
`
`
`
`Before JOHN G. NEW, SUSAN L. C. MITCHELL, and
`ROBERT A. POLLOCK, Administrative Patent Judges.
`
`MITCHELL, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`
`IPR2023-00724
`Patent 10,335,462 B2
`
`On December 15, 2024, Patent Owner contacted the Board by email,
`requesting an increase to the word count limits for its Patent Owner Response by
`4,000 words, the Petitioner’s Reply by 2,000 words, and Patent Owner’s Sur-reply
`by 2,000 words. Ex. 3003. Patent Owner stated that “[t]he increase in word count
`is being sought to address the arguments Patent Owner expects to include in its
`Patent Owner Response, including (1) swearing behind certain of Petitioner’s
`asserted references and (2) object indicia of non-obviousness.” Id. Patent Owner
`indicated that Petitioner agrees with Patent Owner’s request for an increase in
`word counts for the three briefs.
`On Tuesday, December 19, 2023, the Board held a conference call with the
`parties for which Judges Mitchell, Pollock, and New were present, and the parties
`were represented by their respective counsel. The parties did not engage a court
`reporter. Patent Owner explained the additional word counts for the three briefs
`were needed to address fully two issues not previously addressed in the
`proceeding, swearing behind asserted references and extensive objective indicia of
`non-obviousness for the claimed subject matter of U.S. Patent No. 10,335,462 B2.
`See Pet. 2 (stating claimed “dosing regimen appears on the label for PO’s FDA-
`approved, blockbuster diabetes treatment Ozempic, which generated nearly
`$3 billion in 2021 sales and is in such high demand PO cannot produce enough to
`satisfy the market”).
`Having duly considered the matter, we agree with the parties that the
`additional word counts for the three briefs are in the interests of justice. See
`37 C.F.R. 42.24(a)(2). Therefore, we grant Patent Owner’s request for such
`additional word counts.
`
`
`
`2
`
`
`
`IPR2023-00724
`Patent 10,335,462 B2
`
`ORDER
`
`Accordingly, it is
`ORDERED that Patent Owner’s request to increase the word count limit for
`its Patent Owner Response by 4,000 words is granted;
`FURTHER ORDERED that the word count limits for Petitioner’s Reply and
`Patent Owner’s Sur-reply are increased by 2,000 words.
`
`
`
`
`
`
`
`
`3
`
`
`
`IPR2023-00724
`Patent 10,335,462 B2
`
`PETITIONER:
`
`Brandon M. White
`Emily J. Greb
`Courtney Prochnow
`Christopher D. Jones
`Jonathan I. Tietz
`Matthew A. Lembo
`PERKINS COIE LLP
`white-ptab@perkinscoie.com
`greb-ptab@perkinscoie.com
`prochnow-ptab@perkinscoie.com
`jones-ptab@perkinscoie.com
`tietz-ptab@perkinscoie.com
`lembo-ptab@perkinscoie.com
`Semaglutide-Ozempic@perkinscoie.com
`
`PATENT OWNER:
`
`J. Steven Baughman
`Megan Raymond
`GROOMBRIDGE, WU, BAUGHMAN & STONE LLP
`steve.baughman@groombridgewu.com
`megan.raymond@groombridgewu.com
`
`
`
`
`
`4
`
`
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