`571.272.7822
`
`
`Paper 7
`Date: January 26, 2024
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`CELLTRION, INC.,
`Petitioner,
`
`v.
`
`REGENERON PHARMACEUTICALS, INC.,
`Patent Owner.
`____________
`
`IPR2024-00260
`Patent 11,253,572 B2
`____________
`
`
`
`Before SUSAN L. C. MITCHELL, ROBERT A. POLLOCK, and
`RYAN H. FLAX, Administrative Patent Judges.
`
`FLAX, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding Documenting Conference Call
`37 C.F.R. § 42.5(a)
`
`
`
`
`
`
`
`IPR2024-00260
`Patent 11,253,572 B2
`
`
`This Order commemorates a conference call held on January 26,
`2024, between the Panel, and counsel for Celltrion, Inc. (“Celltrion”),
`Biocon Biologics Inc. (“Biocon”), Samsung Bioepis Co., Ltd. (“Samsung”),
`and Regeneron Pharmaceuticals, Inc. (“Regeneron”), as no court reporter
`was provided for the call and no other recording of the call was made.
`Celltrion is the petitioner in this proceeding. Biocon is the petitioner in
`related IPR2024-00298. Samsung is the petitioner in related
`IPR2023-00884. Finally, Regeneron is the owner of U.S. Patent
`11,253,572 B2, which is the challenged patent in each proceeding.
`The purpose of the conference call was to discuss the pending motions
`for joinder in the above-referenced proceedings directed to and requesting
`joinder with IPR2023-00884. The Panel noted during the conference call
`that the deadline for Regeneron opposing these motions has passed. The
`Panel further noted that Regeneron’s preliminary responses for
`IPR2024-00260 and IPR2024-00298 are due on March 28 and 29, 2024,
`respectively. Upon inquiry, neither point was disputed by the parties.
`The Panel inquired of Regeneron about its intentions with respect to
`the aforementioned motions for joinder and for filing a preliminary response
`in either of IPR2024-00260 and IPR2024-00298. To this, Regeneron
`indicated that it did not oppose either motion for joinder and that it does not
`intend and waives its right to file a preliminary response in either
`proceeding, for the sake of efficiency. In response, the Panel indicated that
`it would proceed in due course to grant institution of trial in IPR2024-00260
`and IPR2024-00298, and grant the respective motions for joinder of those
`proceedings with IPR2023-00884. Upon inquiry by the Panel, no objection
`from any party was heard.
`
`2
`
`
`
`IPR2024-00260
`Patent 11,253,572 B2
`
`
`Also discussed during the conference call was the status of what has
`been identified as a related matter, that is, Regeneron Pharmaceuticals, Inc.
`v. Mylan Pharmaceuticals Inc., No. 1:22-cv-00061-TSK (N.D. W.Va.). The
`parties informed the Panel that a decision has been entered by the District
`Court in this bench trial and the parties await a public version of that
`decision, which will be entered of record in these inter partes review
`proceedings.
`
`In consideration of the above it is:
`ORDERED that this paper will be entered in the record as a summary
`of the January 26, 2024, conference call between the Panel and the parties of
`this proceeding and of IPR2023-00884 and IPR2024-00298; and
`FURTHER ORDERED that the Panel will proceed with action in this
`proceeding as indicated above, in due course.
`
`
`
`3
`
`
`
`IPR2024-00260
`Patent 11,253,572 B2
`
`
`FOR PETITIONER
`
`Lora Green
`Yahn Lin Chu
`GEMINI LAW LLP
`lgreen@geminilaw.com
`fchu@geminilaw.com
`
`FOR PATENT OWNER
`
`Adam Brausa
`Rebecca Weires
`MORRISON & FOERSTER LLP
`abrausa@mofo.com
`rweires@mofo.com
`
`
`4
`
`
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