`571.272.7822
`
`
`
`
`
` Paper No. 8
`
` Entered: September 14, 2015
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ALTAIRE PHARMACEUTICALS, INC.,
`Petitioner,
`
`v.
`
`PARAGON BIOTECK, INC.,
`Patent Owner.
`____________
`
`Case PGR2015-00011
`Patent 8,859,623 B1
`____________
`
`
`
`Before ZHENYU YANG, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`The Board has reviewed Patent Owner’s Preliminary Response (Paper
`
`7) and seeks additional briefing from Petitioner on whether Sawaya
`
`Aquebogue is a real party-in-interest that should have been identified in the
`
`Petition pursuant to 35 U.S.C. § 322(a)(2). The brief, exclusive of any
`
`exhibits and the caption, shall not exceed ten pages. No further briefing is
`
`authorized at this time.
`
`
`
`
`
`PGR2015-00011
`Patent 8,859,623 B1
`
`Accordingly, it is
`
`ORDERED that no later than ten business days after entry of this
`
`Order, Petitioner is authorized to file a brief not exceeding ten pages, as
`
`authorized by this Order. The brief shall respond to the issue of whether
`
`Sawaya Aquebogue is a real party-in-interest, as raised in the Patent
`
`Owner’s Preliminary Response;
`
`FURTHER ORDERED that no further briefing is authorized at this
`
`time.
`
`
`
`
`
`
`
`
`2
`
`
`
`PGR2015-00011
`Patent 8,859,623 B1
`
`
`PETITIONER:
`
`Dipu A. Doshi
`DICKSTEIN SHAPIRO LLP
`doshid@dicksteinshapiro.com
`
`PATENT OWNER:
`
`Michael Rosato
`Steven W. Parmelee
`WILSON SONSINI GOODRICH & ROSATI
`mrosato@wsgr.com
`sparmelee@wsgr.com
`
`
`3
`
`
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