`
`Trials@uspto.gov
`571-272-7822 Entered: September 20, 2019
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`TEVA PHARMACEUTICALS USA, INC.,
`Petitioner,
`v.
`CORCEPT THERAPEUTICS, INC.,
`Patent Owner.
`____________
`
`Case PGR2019-00048
`Patent 10,195,214 B2
`____________
`
`
`Before JAQUELINE WRIGHT BONILLA, Deputy Chief Administrative
`Patent Judge, ROBERT A. POLLOCK, and DAVID COTTA,
`Administrative Patent Judges.
`
`COTTA, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceedings
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`
`
`
`PGR2019-00048
`Patent 10,195,214 B2
`
` ANALYSIS
`On May 7, 2019, Teva Pharmaceuticals USA, Inc. (“Petitioner”) filed
`a Petition requesting post-grant review of U.S. Patent No. 10,195,214 B2.
`Paper 2. On August 23, 2019, Corcept Therapeutics, Inc. (“Patent Owner”)
`filed a Preliminary Response. Paper 8. On September 11, 2019, the Board
`received an email in which Petitioner requested “authorization to file a 3-
`page reply to Corcept’s Preliminary Patent Owner Response to address
`certain statements in Corcept’s POPR that mischaracterize the schedule of
`the concurrent litigation involving the ’214 patent.” Ex. 3001. In that email,
`Petitioner represented that Patent Owner would not oppose Petitioner’s
`request for a Reply if Petitioner did not oppose a request from Patent Owner
`to file a 3-page Sur-Reply. Id. Petitioner further represented that it did not
`oppose a Sur-Reply. Id. In an email dated September 12, 2019, we
`authorized Petitioner to file a three (3) page Reply to be filed on or before
`September 23, 2019. Id. We also authorized Patent Owner to file a three (3)
`page Sur-Reply to be filed on or before October 3, 2019. We stated that we
`would issue an order to that effect in due course. Id.
`II. ORDER
`In consideration of the foregoing and in view of our email to the
`parties of September 12, 2019, it is hereby ORDERED that Petitioner is
`authorized to file a Reply of not more than three (3) pages to Patent Owner’s
`Preliminary Response. Petitioner’s Reply shall be limited to the subject
`matter of the schedule of the concurrent litigation and shall be filed on or
`before September 23, 2019. Patent Owner is authorized to file a Sur-Reply
`of not more than three (3) pages. Patent Owner’s Sur-Reply shall be limited
`
`2
`
`
`
`PGR2019-00048
`Patent 10,195,214 B2
`to the subject matter of Petitioner’s Reply and shall be filed on or before
`October 3, 2019.
`
`For PETITIONER:
`Deborah Sterling
`Olga Partington
`STERNE KESSLER GOLDSTEIN & FOX PLLC
`dsterling-ptab@sternekessler.com
`opartington-ptab@sternekessler.com
`
`For PATENT OWNER:
`Francis Cerrito
`Frank Calvosa
`QUINN EMANUEL URQUHART & SULLIVAN, LLP
`nickcerrito@quinnemanuel.com
`frankcalvosa@quinnemanuel.com
`
`3
`
`