`
`Paper No. _____
`Date Filed: March 9, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________
`
`MYLAN LABORATORIES LIMITED
`Petitioner,
`v.
`AVENTIS PHARMA S.A.
`Patent Owner.
`________________
`
`Case IPR2016-00627
`U.S. Patent No. 5,847,170
`________________
`
`
`
`AVENTIS PHARMA S.A.
`MANDATORY NOTICES – 37 C.F.R. § 42.8
`
`
`
`
`
`
`
`
`
`
`
`Pursuant to 37 C.F.R. § 42.8, Aventis Pharma S.A. (the “Patent Owner”), as
`
`indicated by the assignment recorded at Reel/Frame 007959 / 0343, 011641 / 0962,
`
`and 011566 / 0692 submits the following Mandatory Notices.
`
`Real Party-In-Interest (37 C.F.R. § 42.8 (b)(1)):
`
`Pursuant to the requirements of 37 C.F.R. § 42.8(a)(2), the real party-in-
`
`interest is Aventis Pharma S.A. (the “Patent Owner”). Sanofi, the ultimate parent
`
`company of Aventis Pharma S.A., and Sanofi-Aventis U.S. LLC, an affiliate of
`
`Aventis Pharma S.A. are also real parties-in-interest.
`
`Related Matters (37 C.F.R. § 42.8 (b)(2)):
`
`On January 14, 2015, Patent Owner, along with Sanofi-Aventis U.S. LLC
`
`and Sanofi (collectively “Sanofi”) filed a complaint averring that Petitioner’s
`
`Abbreviated New Drug Application (“ANDA”) No. 207381 concerning a proposed
`
`drug product, cabazitaxel injection [60 mg/1.5 mL] [40 mg/mL] infringes U.S.
`
`Patent No. 5,847,170 (“the ’170 patent”) under 35 U.S.C. § 271(e)(2). That
`
`lawsuit is pending in the United States District Court for the District of New Jersey
`
`and is captioned: Sanofi-Aventis U.S. LLC et al. v. Mylan Laboratories Limited,
`
`Civil Action No. 15-0290 (MAS)(LHG). Sanofi also filed additional complaints
`
`alleging infringement of the ’170 patent that are all pending in the United States
`
`District Court for the District of New Jersey and are captioned: Sanofi-Aventis U.S.
`
`LLC et al. v. Fresenius Kabi USA, LLC, C. A. Nos. 14-7869, 14-8082
`
`
`
`- 2 -
`
`
`
`
`
`
`(MAS)(LHG); Sanofi-Aventis U.S. LLC et al. v. Accord Healthcare, Inc., C. A. No.
`
`14-8079 (MAS)(LHG); Sanofi-Aventis U.S. LLC et al. v. BPI Labs, LLC et al., C.
`
`A. No. 14-8081 (MAS)(LHG); Sanofi-Aventis U.S. LLC et al. v. Apotex Corp. et
`
`al., C. A. No. 15-0287 (MAS)(LHG); Sanofi-Aventis U.S. LLC et al. v.
`
`Breckenridge Pharmaceutical, Inc., C. A. No. 15-0289 (MAS)(LHG); and Sanofi-
`
`Aventis U.S. LLC et al. v. Actavis LLC et al., C. A. No. 15-0776 (MAS)(LHG).
`
`Also, the following patent applications claim the benefit of the priority of the filing
`
`date of the subject patent: U.S. Patent Application Nos. 09/066,929 (now U.S.
`
`Patent No. 6,331,635), 09/752,779 (now U.S. Patent No. 6,372,780), and
`
`09/985,956 (now U.S. Patent No. 6,387,946).
`
`Designation of Lead and Back-Up Counsel (37 C.F.R. § 42.8(b)(3)):
`
`Lead counsel is Dominick A. Conde (Reg. No. 33,856). William E.
`
`Solander and Jason A. Leonard are designated as back-up counsel requiring pro
`
`hac vice admission to appear in this proceeding.
`
`A power of attorney from Aventis Pharma S.A. is being submitted with this
`
`- 3 -
`
`
`Notice.
`
`
`
`
`
`
`
`
`
`Service Information (37 C.F.R. § 42.8(b)(4)):
`
`Aventis Pharma S.A. may be served by postal mailing, hand-delivery,
`
`telephone or facsimile as follows:
`
`Dominick A. Conde
`
`FITZPATRICK, CELLA, HARPER & SCINTO
`
`1290 Avenue of the Americas
`
`New York, NY 10104-3800
`
`Telephone:
`
`(212) 218-2100
`
`Facsimile:
`
`(212) 218-2200
`
`Aventis Pharma S.A. may be served electronically using the following e-
`
`mail addresses:
`
`
`
`
`
`
`
`dconde@fchs.com (lead counsel)
`
`wsolander@fchs.com (back-up counsel)
`
`jleonard@fchs.com (back-up counsel)
`
`
`
`- 4 -
`
`
`
`
`
`
`Any questions concerning this paper may be directed to lead counsel listed
`
`Respectfully submitted,
`
`
`
` /Dominick A. Conde/
`Dominick A. Conde (Reg. No. 33,856)
`Lead Counsel for Patent Owner
`FITZPATRICK, CELLA, HARPER & SCINTO
`Tel: (212) 218-2100
`
`Attorneys for Patent Owner,
`Aventis Pharma S.A.
`
`Back-up Counsel:
`William E. Solander (pro hac vice
`pending)
`Jason A. Leonard (pro hac vice
`pending)
`FITZPATRICK, CELLA, HARPER & SCINTO
`1290 Avenue of the Americas
`New York, NY 10104-3800
`(212) 218-2100
`
`
`- 5 -
`
`
`below.
`
`March 9, 2016
`
`
`
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I certify that a copy of the Patent Owners’ Mandatory Notices Under 37
`
`C.F.R. § 42.8(a)(2) and Power of Attorney were served on March 9, 2016 by
`
`causing them to be sent by email to counsel for Petitioner at the following email
`
`addresses:
`
`sparmelee@wsgr.com
`
`mrosato@wsgr.com
`
`jmills@wsgr.com
`
`March 9, 2016
`
`Respectfully submitted,
`
`
`
` /Dominick A. Conde/
`Dominick A. Conde (Reg. No. 33,856)
`FITZPATRICK, CELLA, HARPER & SCINTO
`1290 Avenue of the Americas
`New York, NY 10104-3800
`Tel: (212) 218-2100
`
`
`- 6 -
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
