`571-272-7822
`
`
`
`
`
`
`
`
`
`
`
` Paper 13
`
`
`
` Entered: October 25, 2017
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`DR. REDDY’S LABORATORIES, LTD. and
`DR. REDDY’S LABORATORY, INC.,
`Petitioner,
`
`v.
`
`HELSINN HEALTHCARE S.A.,
`Patent Owner.
`
`
`Case PGR2016-00008
`Patent 9,173,942 B2
`
`
`
`Before JACQUELINE WRIGHT BONILLA, Vice Chief Administrative
`Patent Judge, and TONI R. SCHEINER and LORA M. GREEN,
`Administrative Patent Judges.
`
`
`SCHEINER, Administrative Patent Judge.
`
`
`
`ORDER
`Granting Petitioner’s Request to Withdraw Request for Rehearing
`37 C.F.R. § 42.5(a)
`
`
`
`
`
`
`
`PGR2016-00008
`Patent 9,173,942 B2
`
`
`Dr. Reddy’s Laboratories, Ltd. and Dr. Reddy’s Laboratories, Inc.
`
`(collectively, “Petitioner”) filed a Petition (Paper 2, “Pet.”) requesting post-
`
`grant review of claims 1–19 of U.S. Patent 9,173,942 B2 on the following
`
`grounds. Pet. 24–61.
`
`Basis
`
`Claims Challenged
`
`§ 112(a) Written Description
`
`1–19
`
`§ 102(a)(1) On-Sale Bar
`
`1–19
`
`In denying institution of a post-grant review, we determined that
`
`Petitioner had not demonstrated that it is more likely that not that at least one
`
`claim of U.S. Patent 9,173,942 B2 is unpatentable. Paper 11 (“Decision”).
`
`Subsequently, Petitioner filed a Request for Rehearing (Paper 12) asking us
`
`to reconsider our Decision denying a post-grant review on one of the two
`
`grounds advanced in the Petition—specifically, whether claims 1–19 are
`
`unpatentable under the written description provision of 35 U.S.C. § 112(a).
`
`On October 17, 2017, by email (attached hereto), Petitioner requested
`
`withdrawal of its pending Request for Rehearing, representing that Patent
`
`Owner had been consulted and does not oppose withdrawal of Petitioner’s
`
`Request for Rehearing.
`
`
`
`2
`
`
`
`
`
`PGR2016-00008
`Patent 9,173,942 B2
`
`
`Accordingly, it is hereby
`
`V. ORDER
`
`ORDERED that Petitioner’s request to withdraw its Request for
`
`Rehearing of the Decision denying a post-grant review of claims 1–19 of
`
`U.S. Patent 9,173,942 B2 is granted.
`
`
`
`3
`
`
`
`
`
`PGR2016-00008
`Patent 9,173,942 B2
`
`For PETITIONER:
`
`William Mentlik
`Wmentlik.ipr@ldlkm.com
`
`Michael Teschner
`Mteschner.ipr@ldlkm.com
`
`Maegan Fuller
`Mfuller.ipr@lklkm.com
`
`
`For PATENT OWNER:
`
`Eric Dittman
`Ph-drreddys-helsinn-pgr@paulhastings.com
`
`Naveen Modi
`Ph-drreddys-helsinn-pgr@paulhastings.com
`
`Michael Stramiello
`Ph-drreddys-helsinn-pgr@paulhastings.com
`
`Thomas Irving
`Tom.irving@finnegan.com
`
`Mark Waddell
`mwaddell@loeb.com
`
`
`
`
`
`
`
`
`
`
`
`4
`
`
`
`
`
`PGR2016-00008
`Patent 9,173,942 B2
`
`
`ATTACHMENT
`
`From: Fuller, Maegan A. [mailto:mfuller@lernerdavid.com]
`Sent: Tuesday, October 17, 2017 10:25 AM
`To: Trials <Trials@USPTO.GOV>
`Cc: Mentlik, William L. <wmentlik@lernerdavid.com>; Teschner, Michael H.
`<mteschner@lernerdavid.com>; PH-drreddys-helsinn-
`PGR@paulhastings.com; tom.irving@finnegan.com; mwaddell@loeb.com
`Subject: PGR2016-00008
`
`Dear Sir or Madam,
`
`
`This communication is related to PGR2016-00008. A request for rehearing was filed on
`September 15, 2016 and is pending. Petitioner wishes to withdraw that request for
`rehearing. The Board’s Paralegal instructed that Petitioner request a phone
`discussion with the Board to seek leave to file a motion to withdraw the
`request. Patent Owner has been contacted and does not oppose the withdraw of the
`request. All parties have been copied on this communication pursuant to 37 C.F.R. §
`42.5(d). The parties are available on Tuesday October 17, 2017 through Thursday,
`October 19, 2017 from 9:30 am through noon and on Friday October 20 between 11 am
`and 3 pm Eastern time, or such other time as mutually convenient.
`We await further instructions
`
`Respectfully submitted,
`
`Maegan Fuller
`
`
`Maegan A. Fuller
`mfuller@lernerdavid.com
`908-518-6324 Direct
`
`LernerDavid
`INTELLECTUAL PROPERTY LAW
`Lerner David Littenberg Krumholz & Mentlik LLP
`600 South Avenue West, Westfield, NJ 07090
`lernerdavid.com
`
`
`5
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
