`____________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________
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`ALTAIRE PHARMACEUTICALS, INC.,
`Petitioner,
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`v.
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`PARAGON BIOTECK, INC.,
`Patent Owner.
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`____________________
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`Case PGR2015-00011
`Patent 8,859,623 B1
`____________________
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`PETITIONER’S NOTICE OF APPEAL
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`Pursuant to 35 U.S.C. § 142 and 37 C.F.R. 90.2(a), Petitioner Altaire
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`Pharmaceuticals, Inc. (“Petitioner”) hereby gives notice of its appeal under 35
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`U.S.C. § 141(c) to the United States Court of Appeals for the Federal Circuit
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`from the Final Written Decision (Paper 48) issued by the Patent Trial and
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`Appeal Board (“the Board”) on November 14, 2016 of the above-captioned
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`proceeding, and from all other orders, decisions, rulings, and opinions
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`underlying or related to the Final Written Decision.
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`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), the expected issues on
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`appeal include, but are not limited to, the Board’s decision that Petitioner did
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`not show by a preponderance of the evidence that claims 1-13 of U.S. Patent
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`8,859,623 are unpatentable as obvious over Altaire’s Product and any finding
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`or determination supporting or relating to that issue, as well as all other issues
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`decided adversely to Petitioner or not considered in any orders, decisions,
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`rulings, or opinions.
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`This Notice of Appeal is being filed simultaneously with the Director of
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`the United States Patent and Trademark Office, the Board, and the Clerk’s
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`Office for the United States Court of Appeals for the Federal Circuit.
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`Dated: January 13, 2017
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` /Dipu A. Doshi/
`By: ____________________
`Dipu A. Doshi
` Registration No.: 60,073
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`Mark J. Thronson
` Registration No.: 33,082
`Jonathan W.S. England
` Registration No.: 71,223
`BLANK ROME LLP
`1825 Eye Street, NW
`Washington, DC 20006-5403
`(202) 420-2604
`Attorneys for Petitioner
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`CERTIFICATE OF FILING
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`Pursuant to 37 C.F.R. § 104.2, the undersigned certifies that, in addition to
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`being filed electronically through the Patent Trial and Appeal Board End to End
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`system, the original version of the foregoing PETITIONER’S NOTICE OF
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`APPEAL was filed with the Director of the United States Patent and Trademark
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`Office at the following address:
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`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel
`Madison Building East, 10B20
`600 Dulany Street
`Alexandria, Virginia
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`The undersigned also certifies that a copy of the foregoing PETITIONER’S
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`NOTICE OF APPEAL, and the filing fee, were filed with the Clerk’s Office for
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`the United States Court of Appeals for the Federal Circuit via CM/ECF.
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`CERTIFICATE OF FILING
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`The undersigned certifies that a copy of the foregoing PETITIONER’S
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`NOTICE OF APPEAL is being served on counsel of record by electronic mail.
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` /Dipu A. Doshi/
`By: ____________________
`Dipu A. Doshi
` Registration No.: 60,073
`BLANK ROME LLP
`1825 Eye Street, NW
`Washington, DC 20006-5403
`(202) 420-2604
`Attorney for Petitioner
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`Dated: January 13, 2017
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