`571-272-7822
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` Paper 52
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`Entered: October 13, 2016
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`PATENT TRIAL AND APPEAL BOARD
`_______________
`
`COALITION FOR AFFORDABLE DRUGS V LLC;
`HAYMAN CREDES MASTER FUND, L.P.;
`HAYMAN ORANGE FUND SPC – PORTFOLIO A;
`HAYMAN CAPITAL MASTER FUND, L.P.;
`HAYMAN CAPITAL MANAGEMENT, L.P.;
`HAYMAN OFFSHORE MANAGEMENT, INC.;
`HAYMAN INVESTMENTS, LLC;
`NXN PARTNERS, LLC;
`IP NAVIGATION GROUP, LLC;
`J KYLE BASS, and ERICH SPANGENBERG,
`Petitioners,
`v.
`BIOGEN MA INC.,
`Patent Owner.
`__________
`
`Case IPR2015-01993
`Patent 8,399,514 B2
`__________
`Before RICHARD E. SCHAFER, Administrative Patent Judge.
`ORDER
`Conduct of Proceedings
`37 C.F.R. § 42.5(c)
`By email, each party has requested a conference call.
`
`Biogen requests a conference call seeking authorization to file a motion to
`
`strike a portion of Coalition’s Reply (Paper 46) filed September 28, 2016, and
`portions of the declaration testimony of Dr. Samuel J. Pleasurer (Ex. 1045).
`
`
`
`IPR2015-01993
`Patent 8,399,514 B2
`
`According, to Biogen, the Reply and testimony raise a new theory of
`unpatentability and prohibited by 37 C.F.R. § 42.23(b). In the alternative to a
`motion, Biogen seeks guidance on how to address the alleged improper arguments
`and evidence. The email has been made of record as Ex. 3001.
`
`An oral argument on this proceeding is scheduled for November 30, 2016.
`There is no apparent reason why the matter cannot be adequately addressed as part
`of the oral argument. The Board can also determine sua sponte whether an
`inappropriate new issue has been raised. A motion and conference call are
`therefore unnecessary.
`
`Coalition requests a conference call to discuss replacing Exhibits 1055 and
`1061 because they have been mislabeled as Exhibits 1056 and 1063, respectively.
`Coalition represents that the only change to the exhibits is the label. Coalition
`further represents that Biogen does not object to the substitution. The email is
`made of record as Ex. 3002.
`
`Coalition shall promptly file the two corrected exhibits. The Exhibits shall
`be marked as Exhibits 1055A and 1061A, respectively. Upon the filing of Exhibits
`1055A and 1061A, Exhibits 1055 and 1061 shall be expunged from the record.
`
`Upon consideration of the emails requesting a conference call and for the
`reasons given, it is
`ORDERED that the request for a conference call is denied.
`
`
`FURTHER ORDERED that Biogen’s request to file a motion to strike
`portions of the Coalition’s Reply (Paper 46) and evidence (Ex. 1045) is denied.
`
`FURTHER ORDERED that Coalition shall promptly file Ex. 1055A and
`1061A.
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`FURTHER ORDERED that upon filing of Ex. 1055A and 1061A, Exhibits
`1055 and 1061 shall be expunged.
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`2
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`IPR2015-01993
`Patent 8,399,514 B2
`
`
`PETITIONER:
`James T. Carmichael
`Carol A. Spiegel
`CARMICHAEL IP, PLLC
`jim@carmichaelip.com
`carol@carmichaelip.com
`
`PATENT OWNER:
`Michael Flibbert
`Maureen D. Queler
`Erin M. Sommers
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP
`michael.flibbert@finnegan.com
`maureen.queler@finnegan.com
`erin.sommers@finnegan.com
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`3
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