`U.S. Patent 10,335,462
`UNITED STATES PATENT AND TRADEMARK OFFICE
`______________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________________
`
`SUN PHARMACEUTICAL LTD AND
`SUN PHARMACEUTICAL INDUSTRIES, INC.,
`Petitioners
`
`v.
`
`NOVO NORDISK A/S,
`Patent Owner
`______________________
`Case IPR2024-00107
`Patent 10,335,462
`______________________
`
`JOINT STIPULATION REGARDING PETITIONERS’
`MOTION FOR JOINDER
`
`
`
`
`
`IPR2024-00107
`U.S. Patent 10,335,462
`Pursuant to the Board’s authorization on November 21, 2023, Patent Owner
`
`Novo Nordisk A/S (“Novo”) and Petitioners Sun Pharmaceutical Industries Ltd.
`
`and Sun Pharmaceutical Industries, Inc. (collectively “Sun Pharmaceutical”)
`
`submit the following stipulation regarding Sun Pharmaceutical’s Motion for
`
`Joinder (Paper 2) 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 Sun Pharmaceutical’s Petition is instituted, only Sun
`
`Pharmaceutical will be joined to Mylan Pharmaceuticals, Inc. v. Novo
`
`Nordisk, A/S, IPR2023-00724 (“the Mylan IPR”). Sun
`
`Pharmaceutical’s Petition and related papers will not be joined or
`
`added as part of institution.
`
`• In the event (1) Sun Pharmaceutical’s Petition is instituted, (2) Sun
`
`Pharmaceutical 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
`
`1
`
`
`
`IPR2024-00107
`U.S. Patent 10,335,462
`parties0F
`1 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 replaced by the declaration(s) filed with one
`
`(and only one) of the copycat petitions, 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, Sun Pharmaceutical will serve in the
`
`silent understudy role. In the event that both (1) Sun Pharmaceutical’s
`
`Petition is instituted and Sun Pharmaceutical is joined to the Mylan
`
`IPR and (2) Dr. Reddy’s Laboratories, Inc. and Dr. Reddy’s
`
`Laboratories Ltd. v. Novo Nordisk, A/S, IPR2024-00009 (“the Dr.
`
`Reddy’s IPR”) is instituted and the Dr. Reddy’s 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.
`
`
`1 If Mylan is terminated any meet and confer will be with the party that takes the
`
`lead role.
`
`2
`
`
`
`IPR2024-00107
`U.S. Patent 10,335,462
`• Sun Pharmaceutical 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, Sun Pharmaceutical will abide
`
`by 37 C.F.R. §42.53 and any agreement between the Patent Owner
`
`and Mylan.
`
`
`
`Respectfully submitted,
`
`Dated: November 28, 2023
`
`
`
`By: /Megan Raymond/
`
`J. Steven Baughman (Reg. No. 47,414)
`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
`
`IPR2024-00107
`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 28, 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:
`
`Brian Sodikoff
`Reg No. 54,697
`Katten Muchin Rosenman LLP
`525 West Monroe Street
`Chicago, IL 60661
`Phone: (312) 902-5200
`brian.sodikoff@katten.com
`
`By Electronic Mail
`Backup Counsel: Christopher B. Ferenc
`Reg No. 59,365
`Katten Muchin Rosenman LLP
`1919 Pennsylvania Ave., N.W., Suite 800
`Washington, DC 20006
`Phone: (202) 625-3500
`christopher.ferenc@katten.com
`
`By Electronic Mail
` Dated: November 28, 2023
`
`
` Respectfully submitted,
`
`By: /Sayem Osman/
`Sayem Osman
`
`4
`
`
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