`571-272-7822
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`Paper No. 4
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`AGILA SPECIALTIES INC. AND,
`MYLAN PHARMACEUTICALS INC.,
`Petitioner,
`
`v.
`
`CUBIST PHARMACEUTICALS, INC.,
`Patent Owner.
`____________
`
`Case IPR2015-00144
`Patent 8,058,238
`____________
`
`Mailed: November 7, 2014
`
`
`
`Before Althea Wilburn, Trial Paralegal.
`
`
`
`NOTICE OF FILING DATE ACCORDED TO PETITION
`AND
`TIME FOR FILING PATENT OWNER PRELIMINARY RESPONSE
`
`
`The petition for inter partes review in the above proceeding has been
`
`accorded the filing date of October 23, 2014.
`
`PETITIONER
`
`EXHIBIT NO. 1042 Page 1 of 3
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`
`
`IPR2015-00144
`Patent 8,058,238
`
`
`A review of the petition identified the following defect(s):
`
` Footnotes and block quotations need to be double-spaced
`pursuant to 37 C.F.R. § 42.6(a)(iii).
`
`
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`Petitioner must correct the defect(s) within FIVE BUSINESS DAYS
`
`from this notice. Failure to correct the defect(s) may result in an order to
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`show cause as to why the Board should institute the trial. No substantive
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`changes (e.g., new grounds) may be made to the petition.
`
`Patent Owner may file a preliminary response to the petition no later
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`than three months from the date of this notice. The preliminary response is
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`limited to setting forth the reasons why the requested review should not be
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`instituted. Patent Owner may also file an election to waive the preliminary
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`response to expedite the proceeding. For more information, please consult
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`the Office Patent Trial Practice Guide, 77 Fed. Reg. 48756 (Aug. 14, 2012),
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`which is available on the Board Web site at http://www.uspto.gov/PTAB.
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`Patent Owner is advised of the requirement to submit mandatory
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`notice information under 37 C.F.R. § 42.8(a)(2) within 21 days of service of
`
`the petition.
`
`The parties are encouraged to use the heading on the first page of this
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`Notice for all future filings in the proceeding.
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`The parties are advised that under 37 C.F.R. § 42.10(c), recognition of
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`counsel pro hac vice requires a showing of good cause. The parties are
`
`authorized to file motions for pro hac vice admission under 37 C.F.R.
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`§ 42.10(c). Such motions shall be filed in accordance with the “Order --
`
`Authorizing Motion for Pro Hac Vice Admission” in Case IPR2013-00639,
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`
`
`2
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`PETITIONER
`
`EXHIBIT NO. 1042 Page 2 of 3
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`
`
`IPR2015-00144
`Patent 8,058,238
`
`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.
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`§ 42.6(b)(2), all filings in this proceeding must be made electronically in the
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`Patent Review Processing System (PRPS), accessible from the Board Web
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`site at http://www.uspto.gov/PTAB.
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`If there are any questions pertaining to this notice, please contact
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`Althea Wilburn at 571-272-6230 or the Patent Trial and Appeal Board at
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`571-272-7822.
`
`
`
`PETITIONER:
`
`Peter Munson
`pmunson@wsgr.com
`
`Lorelei Westin
`lwestin@wsgr.com
`
`
`PATENT OWNER:
`
`Intellectual Property Department
`Cubist Pharmaceuticals, Inc.
`65 Hayden Avenue
`Lexington, MA
`
`
`
`3
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`PETITIONER
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`EXHIBIT NO. 1042 Page 3 of 3