`571-272-7822
`Date: November 8, 2023
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`DR. REDDY’S LABORATORIES, INC. and
`DR. REDDY’S LABORATORIES, LTD.,
`Petitioner,
`v.
`NOVO NORDISK A/S,
`Patent Owner.
`____________
`
`IPR2024-00009
`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
`
`
`
`
`
`
`
`
`IPR2024-00009
`Patent 10,335,462 B2
`
`
`On October 20, 2023, Dr. Reddy’s Laboratories, Inc. and Dr. Reddy’s
`Laboratories, Ltd. (collectively, “Dr. Reddy’s” or “Petitioner”) filed a Petition
`challenging claims of U.S. Patent No. 10,335,462 B2 (“the ’462 patent). Petitioner
`asserts that its Petition is essentially identical to the petition filed by Mylan
`Pharmaceuticals, Inc. (“Mylan”) in IPR2023-00724 (“the -00724 proceeding”).
`Petitioner has also filed a motion to join the -00724 proceeding. See
`IPR2024-0009, Papers 2, 3.
`Petitioner sought a conference call with the Board, which was held on
`November 3, 2023, to comply with guidance set forth in the Patent Trial and
`Appeal Board Consolidated Trial Practice Guide (“TPG”) to assist the Board in
`timely managing this proceeding. TPG 76 (Nov. 2019). Judges Mitchel, New, and
`Pollock were on the call, as were counsel for Dr. Reddy’s, Mylan, and Novo
`Nordisk A/S (“Novo Nordisk” or “Patent Owner”). No party engaged a court
`reporter.
`During the conference call, Petitioner confirmed that it will assume a “silent
`understudy” role and will not actively participate in the -00724 proceeding unless
`Mylan, the current petitioner in the -00724 proceeding, ceases participating in that
`proceeding. Petitioner’s Motion for Joinder 2. Petitioner represented that, in the
`present proceeding, Petitioner has provided testimony from three additional
`declarants, which Petitioner states mirrors the testimony of Mylan’s declarants, in
`the event Petitioner is unable to engage Mylan’s experts. Id.
`Novo Nordisk stated that it had some issues with Petitioner’s Motion for
`Joinder, but is hopeful that these issues can be resolved. Patent Owner also stated
`that it will confirm whether it will waive the filing of a Preliminary Response.
`Patent Owner’s response to Petitioner’s Motion for Joinder is due on
`November 20, 2023. The parties agreed that, by that date, if agreement can be
`
`
`
`2
`
`
`
`IPR2024-00009
`Patent 10,335,462 B2
`
`reached, they will submit a joint stipulation regarding Petitioner’s Motion for
`Joinder and indicate whether Patent Owner will waive the filing of a preliminary
`response in this inter partes review. Should the parties wish further consultation
`with the Board to resolve any further issues, the parties should send an e-mail to
`the Trials mailbox to arrange for another call.
`
`ORDER
`
`Accordingly, it is
`ORDERED that by no later than November 20, 2023, if agreement can be
`reached, the parties will file a joint stipulation regarding Petitioner’s Motion for
`Joinder and indicate whether Patent Owner will waive the filing of a preliminary
`response in this inter partes review.
`
`
`
`
`
`
`
`3
`
`
`
`IPR2024-00009
`Patent 10,335,462 B2
`
`PETITIONER:
`
`Jovial Wong
`Scott Border
`WINSTON & STRAWN LLP
`jwong@winston.com
`sborder@winston.com
`
`PATENT OWNER:
`
`Jon Baughman
`Megan Raymond
`GROOMBRIDGE, WU, BAUGHMAN & STONE LLP
`steve.baughman@groombridgewu.com
`megan.raymond@groombridgewu.com
`
`
`
`
`
`
`
`
`
`4
`
`
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