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Mylan Pharmaceuticals Inc. v. Sanofi Aventis Deutschland GmbH

Docket IPR2017-01528, Patent Trial and Appeal Board (June 5, 2017)
Erica Franklin, Michelle Ankenbrand, Robert Pollock, presiding
Case TypeInter Partes Review
Patent7713930
Patent Owner Sanofi Aventis Deutschland GmbH
Petitioner Mylan Pharmaceuticals Inc.
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Mylan Pharmaceuticals Inc. v. Sanofi Aventis Deutschland GmbH

Docket IPR2017-01526, Patent Trial and Appeal Board (June 5, 2017)
Erica Franklin, Michelle Ankenbrand, Robert Pollock, presiding
Case TypeInter Partes Review
Patent7476652
Patent Owner Sanofi Aventis Deutschland GmbH
Petitioner Mylan Pharmaceuticals Inc.
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95 Order: ORDER Granting Patent Owner¿¿¿s Motions to Withdraw Counsel 37 CFR ¿¿ 4210e

Document IPR2017-01528, No. 95 Order - ORDER Granting Patent Owner¿¿¿s Motions to Withdraw Counsel 37 CFR ¿¿ 4210e (P.T.A.B. Feb. 5, 2020)
Therefore, we exercise our discretion to issue a single order to be filed in each case.
Pursuant to 37 C.F.R. § 42.10(e), Patent Owner filed a Motion for Withdrawal of Counsel in each of the above-listed proceedings (collectively “Motions”).
We instruct Patent Owner to file updated mandatory notices removing Mr. Pereira as back-up counsel.
Pereira is withdrawn as counsel for Patent Owner in the above-listed proceedings; and FURTHER ORDERED that Patent Owner shall file an updated mandatory notice in each of the above-referenced proceedings removing Mr. Pereira as back-up counsel in accordance with 37 C.F.R. § 42.8(b)(3).
Jeffrey Guise Douglas Carsten Richard Torczon Lorelei Westin Clark Lin Alina Litoshyk Nicole W. Stafford Elham Steiner
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97 Order: ORDER Granting Patent Owner¿¿¿s Motions to Withdraw Counsel 37 CFR ¿¿ 4210e

Document IPR2017-01526, No. 97 Order - ORDER Granting Patent Owner¿¿¿s Motions to Withdraw Counsel 37 CFR ¿¿ 4210e (P.T.A.B. Feb. 5, 2020)
Therefore, we exercise our discretion to issue a single order to be filed in each case.
Pursuant to 37 C.F.R. § 42.10(e), Patent Owner filed a Motion for Withdrawal of Counsel in each of the above-listed proceedings (collectively “Motions”).
We instruct Patent Owner to file updated mandatory notices removing Mr. Pereira as back-up counsel.
Pereira is withdrawn as counsel for Patent Owner in the above-listed proceedings; and FURTHER ORDERED that Patent Owner shall file an updated mandatory notice in each of the above-referenced proceedings removing Mr. Pereira as back-up counsel in accordance with 37 C.F.R. § 42.8(b)(3).
Jeffrey Guise Douglas Carsten Richard Torczon Lorelei Westin Clark Lin Alina Litoshyk Nicole W. Stafford Elham Steiner
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93 Order: Order Granting Patent Owners Motion to Seal

Document IPR2017-01528, No. 93 Order - Order Granting Patent Owners Motion to Seal (P.T.A.B. Jan. 8, 2019)
In each Final Decision, we denied Petitioner’s motion to seal portions of its sur- sur-reply that reference Exhibits 2065–2069 without prejudice to Patent Owner.
That standard includes a showing that “(1) the information sought to be sealed is truly confidential, (2) a concrete harm would result upon public disclosure, (3) there exists a genuine need to rely in the trial on the specific information sought to be sealed, and (4) on balance, an interest in maintaining confidentiality outweighs the strong public interest in having an open record.” Argentum Pharms.
In particular, Patent Owner represents that Petitioner’s sur-sur-reply “summarizes and quotes confidential submissions made by Hoechst Marion Roussel to, and records of correspondence with, the FDA regarding the approval of its insulin glargine product.” Id. Patent Owner further states that the sur-sur-reply “summarizes confidential and proprietary research and development, testing procedures, analyses and results regarding [Patent Owner’s] Lantus [product]” and that the updated exhibit list “refers to and describes now sealed EX2065–EX2069.” Id. (noting further that the sur-sur-reply and updated exhibit list refer to research, development, testing, clinical, manufacturing, packaging, and pharmacological information).
We further note that the record of each proceeding shall be preserved in its entirety and that no sealed document will be expunged or made public, pending the outcome of any appeal taken from the Final Decision.
Jeffrey Guise Douglas Carsten Richard Torczon Lorelei Westin Clark Lin Nancy Zhang Alina Litoshyk Nicole W. Stafford
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95 Order: Order Granting Patent Owners Motion to Seal

Document IPR2017-01526, No. 95 Order - Order Granting Patent Owners Motion to Seal (P.T.A.B. Jan. 8, 2019)
In each Final Decision, we denied Petitioner’s motion to seal portions of its sur- sur-reply that reference Exhibits 2065–2069 without prejudice to Patent Owner.
That standard includes a showing that “(1) the information sought to be sealed is truly confidential, (2) a concrete harm would result upon public disclosure, (3) there exists a genuine need to rely in the trial on the specific information sought to be sealed, and (4) on balance, an interest in maintaining confidentiality outweighs the strong public interest in having an open record.” Argentum Pharms.
In particular, Patent Owner represents that Petitioner’s sur-sur-reply “summarizes and quotes confidential submissions made by Hoechst Marion Roussel to, and records of correspondence with, the FDA regarding the approval of its insulin glargine product.” Id. Patent Owner further states that the sur-sur-reply “summarizes confidential and proprietary research and development, testing procedures, analyses and results regarding [Patent Owner’s] Lantus [product]” and that the updated exhibit list “refers to and describes now sealed EX2065–EX2069.” Id. (noting further that the sur-sur-reply and updated exhibit list refer to research, development, testing, clinical, manufacturing, packaging, and pharmacological information).
We further note that the record of each proceeding shall be preserved in its entirety and that no sealed document will be expunged or made public, pending the outcome of any appeal taken from the Final Decision.
Jeffrey Guise Douglas Carsten Richard Torczon Lorelei Westin Clark Lin Nancy Zhang Alina Litoshyk Nicole W. Stafford
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87 Termination Decision Document: Termination Decision Document

Document IPR2017-01528, No. 87 Termination Decision Document - Termination Decision Document (P.T.A.B. Dec. 12, 2018)

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89 Termination Decision Document: Termination Decision Document

Document IPR2017-01526, No. 89 Termination Decision Document - Termination Decision Document (P.T.A.B. Dec. 12, 2018)

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