`U.S. Patent 10,335,462
`UNITED STATES PATENT AND TRADEMARK OFFICE
`______________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________________
`
`DR. REDDY’S LABORATORIES, INC. AND DR. REDDY’S
`LABRATORIES LTD,
`Petitioners
`
`v.
`
`NOVO NORDISK A/S,
`Patent Owner
`______________________
`Case IPR2024-00009
`Patent 10,335,462
`______________________
`
`JOINT STIPULATION REGARDING PETITIONERS’
`MOTION FOR JOINDER
`
`
`
`
`
`IPR2024-00009
`U.S. Patent 10,335,462
`Pursuant to the Board’s Order on November 8, 2023 (Paper 11), Patent
`
`Owner Novo Nordisk A/S (“Novo”) and Petitioners Dr. Reddy’s Laboratories, Inc.
`
`and Dr. Reddy’s Laboratories Ltd. (collectively “Dr. Reddy’s”) submit the
`
`following stipulation regarding Dr. Reddy’s Motion for Joinder (Paper 3) in lieu of
`
`Novo filing an opposition to that motion. Novo intends to file a Patent Owner
`
`Preliminary Response, and Novo’s agreement not to oppose joinder is contingent
`
`on institution of this proceeding, which Novo opposes.
`
`Regarding joinder, the parties have agreed as follows:
`
`• In the event Dr. Reddy’s Petition is instituted, only Dr. Reddy’s will
`
`be joined to Mylan Pharmaceuticals, Inc. v. Novo Nordisk, A/S,
`
`IPR2023-00724 (“the Mylan IPR”). Dr. Reddy’s Petition and related
`
`papers will not be joined or added as part of institution.
`
`• In the event (1) Dr. Reddy’s Petition is instituted, (2) Dr. Reddy’s is
`
`joined to the Mylan IPR, and (3) Mylan is terminated before Novo has
`
`had the opportunity to depose an expert for which Mylan filed a
`
`corresponding expert declaration (and within the time period for the
`
`taking the corresponding deposition), the parties will meet and confer
`
`as to (1) depositions, (2) whether any substitute expert(s) will be
`
`needed and/or deposed on the already-filed expert declaration(s) or
`
`whether the expert declaration(s) themselves will be expunged and
`
`1
`
`
`
`IPR2024-00009
`U.S. Patent 10,335,462
`replaced by the declaration(s) filed with the copycat petition, and (3)
`
`what sort of adjustment to the schedule, if any, is needed. Having met
`
`and conferred, the parties will then request a call with the Board
`
`regarding these issues.
`
`• Unless Mylan is terminated, Dr. Reddy’s will serve in the silent
`
`understudy role. In the event that both (1) Dr. Reddy’s Petition is
`
`instituted and Dr. Reddy is joined to the Mylan IPR and (2) Sun
`
`Pharmaceutical Industries Ltd. v. Novo Nordisk, A/S, IPR2024-00107
`
`(“the Sun IPR”) is instituted and the Sun IPR Petitioners are joined to
`
`the Mylan IPR, only one of the joined Petitioners should take the lead
`
`role, and the other should assume the understudy role.
`
`• Dr. Reddy’s shall not be permitted to raise any new grounds not
`
`instituted by the Board in the Mylan IPR, or introduce any argument
`
`not already introduced by Mylan.
`
`• With regard to the taking of testimony, Dr. Reddy’s will abide by 37
`
`C.F.R. §42.53 and any agreement between the Patent Owner and
`
`Mylan.
`
`
`Respectfully submitted,
`
`By: /Megan Raymond/
`
`J. Steven Baughman (Reg. No. 47,414)
`
`2
`
`Dated: November 20, 2023
`
`
`
`
`
`IPR2024-00009
`U.S. Patent 10,335,462
`
`GROOMBRIDGE, WU, BAUGHMAN & STONE LLP
`801 17th Street, NW, Suite 1050
`Washington, DC, 20006
`P: (202)-505-5832
`steve.baughman@groombridgewu.com
`
`Megan Raymond (Reg. No. 72,997)
`GROOMBRIDGE, WU, BAUGHMAN & STONE LLP
`801 17th Street, NW, Suite 1050
`Washington, DC, 20006
`P: (202)-505-5878
`megan.raymond@groombridgewu.com
`
`
`
`
`Attorneys for Patent Owner Novo Nordisk A/S
`
`3
`
`
`
`CERTIFICATE OF SERVICE
`
`IPR2024-00009
`U.S. Patent 10,335,462
`
`The undersigned hereby certifies that a copy of JOINT STIPULATION
`
`REGARDING PETITIONERS’ MOTION FOR JOINDER has been served in its
`
`entirety on November 20, 2023, by causing the aforementioned document to be
`
`electronically mailed to the following attorneys of record for the Petitioner listed
`
`below.
`
`Petitioner’s Counsel of Record:
`
`Lead Counsel:
`
`Jovial Wong
`Reg. No. 60,115
`Winston & Strawn LLP
`1901 L Street NW
`Washington, DC 20036
`Telephone: (202) 282-5867
`jwong@winston.com
`
`By Electronic Mail
`Backup Counsel: Scott Border
`Reg. No. 77,744
`Winston & Strawn LLP
`1901 L Street NW
`Washington, DC 20036
`Telephone: (202) 285-5054
`sborder@winston.com
`
`Sharon Lin McIntosh
`(pro hac vice to be submitted)
`Winston & Strawn LLP
`1901 L Street NW
`Washington, DC 20036
`Telephone: (202) 285-5756
`slin@winston.com
`
`By Electronic Mail
`
`4
`
`
`
`Dated: November 20, 2023
`
`
`
`
`
`IPR2024-00009
`U.S. Patent 10,335,462
` Respectfully submitted,
`By: /Sayem Osman/
`Sayem Osman
`
`5
`
`
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