`Trials
`PGR48751-0007PS1@fr.com; PTAB Inbound; Dorothy Whelan; Eugene Goryunov IPR; Judy He IPR; Jeff Wolfson
`IPR
`PGR2020-00068
`Friday, October 2, 2020 11:41:21 AM
`image001.png
`
`From:
`To:
`Cc:
`
`Subject:
`Date:
`Attachments:
`
`Trials,
`
`Petitioner Eton requests a conference call with the panel to seek authorization to file a brief reply,
`no more than 6 pages, to Patent Owner Exela’s Preliminary Response. Good cause supports Eton’s
`request at least for the reasons below, which Eton will explain to the panel in more detail during the
`conference call:
`
`* Eton’s particularity challenge is unexpected and incorrect. Grounds 1-2 of Eton’s petition rely on
`the four corners of the Sandoz Label as invalidating prior art.
`* Exela’s assertions regarding the prior art should be considered in view of the Examiner’s July 23,
`2020 rejections in related, co-pending application nos. 16/773,641 and 16/746,028 (the rejections
`occurred after the filing of Eton’s petition) and the materials that provide the relevant context for
`those rejections.
`* Exela’s assertions that the Petition fails to explain “how a POSITA applying ‘routine optimization’
`would have achieved” the claimed invention (POPR at 8) and fails to explain “why a POSITA would
`have a reasonable expectation of success” solving the aluminum problem (POPR at 9).
`
`Patent Owner has indicated that it will oppose Petitioner’s request.
`
`The parties are generally available on Monday October 5 and Friday morning October 9 for a call.
`
`Kind regards.
`
`Ralph Gabric
`Partner
`ralph.gabric@haynesboone.com
`
`Haynes and Boone, LLP
`180 N. LaSalle St.
`Suite 2215
`Chicago, IL 60601
`
`(t) +1 312.216.1632
`(f) +1 312.216.1621
`
`vCard | Bio | Website
`
`CONFIDENTIALITY NOTICE: This electronic mail transmission is confidential,
`may be privileged and should be read or retained only by the intended
`
`PGR2020-00068
`Ex. 3001
`
`
`
`recipient. If you have received this transmission in error, please
`immediately notify the sender and delete it from your system.
`
`
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