`________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________________
`
`AGILA SPECIALTIES INC. AND
`MYLAN PHARMACEUTICALS INC.,
`Petitioners,
`
`v.
`
`CUBIST PHARMACEUTICALS, INC.
`Patent Owner
`
`Patent No. 8,058,238
`
`________________________
`
`Case IPR2015-00141
`________________________
`
`NOTICE OF DECISION IN RELATED JUDICIAL MATTER
`UNDER 37 C.F.R. § 42.8(b)(2)
`
`
`
`1
`Pursuant to 37 C.F.R. § 42.8(b)(2), Petitioner Agila files this notice
`
`identifying for the Board a decision dated December 8, 2014 in related judicial
`
`matter Cubist Pharmaceuticals Inc. v. Hospira Inc., (D. Delaware, 12-367-GMS).
`
`Exhs. 1038 and 1039. The decision details a finding of invalidity under 35 U.S.C.
`
`§§ 102 and 103 for claims asserted by patent owner Cubist Pharmaceuticals in U.S.
`
`Patent Nos. 6,468,967 (claims 16, 17, 34 and 35); 6,852,689 (claims 51 and 52);
`
`8,058,238 (claims 91, 98 and 187) and 8,129,342 (claims 23 and 53).
`
`Dated: December 10, 2014
`
`Respectfully submitted,
`
`/Peter R. Munson/
`Peter R. Munson
`Lead Attorney for Petitioners, AGILA
`SPECIALTIES INC. AND MYLAN
`PHARMACEUTICALS INC.
`
`PETITIONER AGILA’S NOTICE UNDER 37 C.F.R. § 42.8(b)(2)
`
`
`
`2
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. §§ 42.6(e), I certify that I caused to be served a true
`
`and correct copy of Petitioner’s Notice of Decision in Related Judicial Matter
`
`Under 37 C.F.R. § 42.8(b)(2) by electronic mail on the patent owner Cubist
`
`Pharmaceuticals, Inc. at:
`
`William DeVaul: William.DeVaul@cubist.com
`Henry Gu: Henry.Gu@cubist.com
`
`Dated: December 10, 2014
`
`/Lorelei P. Westin/
`Lorelei P. Westin, Reg. No. 52,353
`
`Wilson Sonsini Goodrich & Rosati PC
`12235 El Camino Real, Suite 200
`San Diego, CA 92130-3002
`Tel.: (858) 350-2225
`Facsimile: (858) 350-2399
`E-mail: lwestin@wsgr.com
`
`PETITIONER AGILA’S NOTICE UNDER 37 C.F.R. § 42.8(b)(2)
`
`
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