Trials
`Matthew Traupman; Trials
`Brausa, Adam R.; Durie, Daralyn J.; "kiradavis@mofo.com"; Weires, Rebecca; Regeneron-MoFo-IPR; Ray
`Nimrod; Laura Fairneny; Zach Summers; Elliot Choi; Landon Smith; QE - Samsung Bioepis;
`MYL_REG_IPR@rmmslegal.com; lgreen@geminilaw.com; fchu@geminilaw.com; Robert Cerwinski;
`azalcenstein@geminilaw.com; bmorris@geminilaw.com
`RE: IPR2023-00884: Request for Leave to File Motion for Additional Discovery
`Tuesday, May 7, 2024 3:47:54 PM
`
`From:
`To:
`Cc:
`
`Subject:
`Date:
`
`Counsel,
`
`From the Board –
`
`Per Petitioner Samsung Bioepis’s request by email on May 3, 2024, we authorize the filing of the
`requested motion for additional discovery. Petitioner may file a 5-page motion by May 14, 2024.
`Patent Owner may file a 5-page opposition to the motion within 7 days of the filing of Petitioner’s
`motion. The parties should consider and address desired conditions for additional discovery, if
`granted, and, if relevant, whether some or all of the information listed in Petitioner’s email as
`desired discovery is required, routinely discoverable subject matter under 37 C.F.R. § 42.51(b)(1)(i)
`and (iii).
`
`Regards,
`
`Esther Goldschlager
`Supervisory Paralegal Specialist
`Patent Trial & Appeal Board
`U.S. Patent & Trademark Office
`
`From: Matthew Traupman <matthewtraupman@quinnemanuel.com>
`Sent: Friday, May 3, 2024 6:24 PM
`To: Trials <Trials@USPTO.GOV>
`Cc: Brausa, Adam R. <ABrausa@mofo.com>; Durie, Daralyn J. <DDurie@mofo.com>;
`'kiradavis@mofo.com' <kiradavis@mofo.com>; Weires, Rebecca <RWeires@mofo.com>;
`Regeneron-MoFo-IPR <Regeneron-MoFo-IPR@mofo.com>; Ray Nimrod
`<raynimrod@quinnemanuel.com>; Laura Fairneny <laurafairneny@quinnemanuel.com>; Zach
`Summers <zachsummers@quinnemanuel.com>; Elliot Choi <elliotchoi@quinnemanuel.com>;
`Landon Smith <landonsmith@quinnemanuel.com>; QE - Samsung Bioepis <qe-
`samsungbioepis@quinnemanuel.com>; MYL_REG_IPR@rmmslegal.com; lgreen@geminilaw.com;
`fchu@geminilaw.com; Robert Cerwinski <rcerwinski@geminilaw.com>;
`azalcenstein@geminilaw.com; bmorris@geminilaw.com
`Subject: IPR2023-00884: Request for Leave to File Motion for Additional Discovery
`
`CAUTION: This email has originated from a source outside of USPTO. PLEASE CONSIDER THE SOURCE before
`responding, clicking on links, or opening attachments.
`
`Dear Honorable Board,
`
`Exhibit 3003
`
`

`

`Petitioner Samsung Bioepis requests leave to file a motion for additional discovery pursuant to 37
`C.F.R. § 42.51(b)(2).
`
`In its Response, Patent Owner Regeneron submitted declarations from two fact witnesses: named
`inventor Dr. George Yancopoulos and Regeneron employee Ms. Karen Chu. Based on publicly
`available court filings in Regeneron Pharmaceuticals, Inc. v. Mylan Pharmaceuticals, Inc., Case No.
`22-cv-61-TSK (N.D. W. Va.) (“Mylan Litigation”), Dr. Yancopoulos and Ms. Chu appeared to have
`previously provided deposition and trial testimony on subject matter that is substantially similar to
`their declarations and subsequent depositions in this IPR. Indeed, the Mylan Litigation involved the
`same ’572 patent challenged in this IPR proceeding. See Paper 55 (Joint Summary of Related
`Proceedings). Petitioner therefore seeks:
`
`1. The deposition transcript of Karen Chu from the Mylan Litigation and all exhibits thereto;
`2. The deposition transcript of George Yancopoulos from the Mylan Litigation and all exhibits
`thereto;
`3. The trial exhibits from the Mylan Litigation cited in the trial testimony of Karen Chu and/or
`George Yancopoulos;
`4. The following trial exhibits from the Mylan Litigation cited in the court’s Memorandum
`Opinion and Order Following Bench Trial (ECF No. 692 in the Mylan Litigation) related to
`Regeneron’s clinical development of aflibercept: DTX 0213, DTX 0220, DTX 0222, DTX 0226,
`DTX 0229, DTX 0230, DTX 0232, DTX 0234.
`Petitioner first raised this issue with Patent Owner on April 16, and following several attempts at
`resolving the issue, Patent Owner only today indicated that it will oppose Petitioner’s request.
`
`If a conference call would be helpful to the Board, counsel for both parties are available on Tuesday
`May 7 from 11 a.m. to 5 p.m. ET or Thursday May 9 from 11 a.m. to 3 p.m. ET, or at the Board’s
`convenience.
`
`Respectfully submitted,
`Matthew Traupman
`Backup Counsel for Petitioner Samsung Bioepis
`
`Matthew Traupman
`Partner
`Quinn Emanuel Urquhart & Sullivan, LLP
`
`51 Madison Avenue, 22nd Floor
`New York, NY 10010
`212-849-7322 Direct
`212-849-7000 Main Office Number
`212-849-7100 FAX
`matthewtraupman@quinnemanuel.com
`www.quinnemanuel.com
`
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