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8 Institution Decision: Institution of Inter Partes Review35 USC sec 314

Document IPR2019-00451, No. 8 Institution Decision - Institution of Inter Partes Review35 USC sec 314 (P.T.A.B. Aug. 13, 2019)
On this record, and upon review of Petitioner’s arguments and supporting evidence, we determine that Petitioner sufficiently explains why one of ordinary skill in the art would have looked to Meezan ’962’s disclosure when seeking to enhance the bioavailability of the therapeutic agents in the compositions disclosed in Gwozdz.
For the reasons stated supra with regard to claims 8–10 and 15, Petitioner’s assertion that Patent Owner never showed any unexpected results with respect to the amount of ethanol and benzyl alcohol is not sufficiently supported by the evidence of record.
We are not persuaded that Petitioner and Dr. Peppas have provided sufficient argument and supporting evidence to explain why one of ordinary skill in the art would have reasonably expected success in achieving the bioavailabilities recited in claims 34–36 of the ’876 patent when combining the teachings of Gwozdz and Meezan ’962.
Petitioner argues that, since neither Gwozdz nor Meezan ’962 provide specific dosing regimens for benzodiazepines/diazepam, one of ordinary skill in the art would look to the similar reference of Cartt ’784, titled “Nasal Administration of Benzodiazepines,” for these teachings.
On this record, and upon review of Petitioner’s arguments and supporting evidence, we determine that Petitioner sufficiently explains why one of ordinary skill in the art would have looked to Cartt ’784’s disclosure when seeking dosing regimens for the compositions disclosed in Gwozdz and Meezan ’962.
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5 Notice of Filing Date Accorded to Petition: NOTICE OF FILING DATE ACCORDED TO PETITIONANDTIME FOR FILING PATENT OWNER PRELIMINARY RESPONSE

Document IPR2019-00451, No. 5 Notice of Filing Date Accorded to Petition - NOTICE OF FILING DATE ACCORDED TO PETITIONANDTIME FOR FILING PATENT OWNER PRELIMINARY RESPONSE (P.T....
Patent Owner may file a preliminary response to the petition no later than three months from the date of this notice.
Patent Owner may also file an election to waive the preliminary response to expedite the proceeding.
Patent Owner is advised of the requirement to submit mandatory notice information under 37 C.F.R. § 42.8(a)(2) within 21 days of service of the petition.
The parties are advised that under 37 C.F.R. § 42.10(c), recognition of counsel pro hac vice requires a showing of good cause.
Such motions shall be filed in accordance with the “Order -- Authorizing Motion for Pro Hac Vice Admission” in Case IPR2013-00639, Paper 7, a copy of which is available on the Board Web site under “Representative Orders, Decisions, and Notices.” The parties are reminded that unless otherwise permitted by 37 C.F.R. § 42.6(b)(2), all filings in this proceeding must be made electronically in the Patent Review Processing System (PRPS), accessible from the Board Web site at http://www.uspto.gov/PTAB.
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42 Reply: Patent Owners Reply to Petitioner¿¿¿s Opposition to Patent Owner¿¿¿s Mo...

Document IPR2019-00451, No. 42 Reply - Patent Owners Reply to Petitioner¿¿¿s Opposition to Patent Owner¿¿¿s Motion to Exclude Evidence (P.T.A.B. May. 5, 2020)

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41 Reply: PETITIONERS REPLY IN SUPPORT OF ITS MOTION TO EXCLUDE EVID...

Document IPR2019-00451, No. 41 Reply - PETITIONERS REPLY IN SUPPORT OF ITS MOTION TO EXCLUDE EVIDENCE (P.T.A.B. May. 5, 2020)

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39 Opposition: Patent Owners Opposition to Petitioners Motion to Exclude

Document IPR2019-00451, No. 39 Opposition - Patent Owners Opposition to Petitioners Motion to Exclude (P.T.A.B. Apr. 28, 2020)

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38 Opposition: PETITIONERS OPPOSITION TO PATENT OWNERS MOTION TO E...

Document IPR2019-00451, No. 38 Opposition - PETITIONERS OPPOSITION TO PATENT OWNERS MOTION TO EXCLUDE EVIDENCE (P.T.A.B. Apr. 28, 2020)

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35 Motion: Patent Owner¿¿¿s Motion to Exclude Evidence 37 CFR ¿¿4264

Document IPR2019-00451, No. 35 Motion - Patent Owner¿¿¿s Motion to Exclude Evidence 37 CFR ¿¿4264 (P.T.A.B. Apr. 21, 2020)

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34 Motion: PETITIONERS MOTION TO EXCLUDE PURSUANT TO 37 CFR ¿¿ 4264c

Document IPR2019-00451, No. 34 Motion - PETITIONERS MOTION TO EXCLUDE PURSUANT TO 37 CFR ¿¿ 4264c (P.T.A.B. Apr. 21, 2020)

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28 Reply: Patent Owners Surreply

Document IPR2019-00451, No. 28 Reply - Patent Owners Surreply (P.T.A.B. Mar. 10, 2020)

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26 Other Not for motions: PARTIES JOINT SUBMISSION OF PATENT OWNERS ID...

Document IPR2019-00451, No. 26 Other Not for motions - PARTIES JOINT SUBMISSION OF PATENT OWNERS IDENTIFICATION OF NEW ARGUMENTS AND PETITIONERS RESPONSES THERETO (P.T...

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45 Notice of Appeal: Patent Owner Neurelis, Incs Notice of Appeal

Document IPR2019-00451, No. 45 Notice of Appeal - Patent Owner Neurelis, Incs Notice of Appeal (P.T.A.B. Oct. 8, 2020)

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21 Reply: PETITIONERS REPLY TO PATENT OWNERS RESPONSE TO THE PETI...

Document IPR2019-00451, No. 21 Reply - PETITIONERS REPLY TO PATENT OWNERS RESPONSE TO THE PETITION (P.T.A.B. Jan. 28, 2020)

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18 Other Not for motions: Petitioners First Updated Mandatory Notices Update

Document IPR2019-00451, No. 18 Other Not for motions - Petitioners First Updated Mandatory Notices Update (P.T.A.B. Nov. 15, 2019)

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37 Exhibit List: PETITIONERS SECOND UPDATED EXHIBIT LIST

Document IPR2019-00451, No. 37 Exhibit List - PETITIONERS SECOND UPDATED EXHIBIT LIST (P.T.A.B. Apr. 28, 2020)

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40 Exhibit List: Patent Owners Updated Exhibit List

Document IPR2019-00451, No. 40 Exhibit List - Patent Owners Updated Exhibit List (P.T.A.B. Apr. 28, 2020)

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