`Trials@uspto.gov
`Entered: June 3, 2019
`571-272-7822
`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________
`
`MYLAN PHARMACEUTICALS INC.,
`Petitioner,
`
`v.
`
`HORIZON PHARMA USA, INC. and NUVO PHARMACEUTICALS
`(IRELAND) DESIGNATED ACTIVITY COMPANY,
`Patent Owners.
`____________
`
`Case IPR2018-002721
`Patent 9,393,208 B2
`____________
`
`
`Before TONI R. SCHEINER, MICHELLE N. ANKENBRAND, and
`DEBRA L. DENNETT, Administrative Patent Judges.
`
`DENNETT, Administrative Patent Judge.
`
`ORDER
`Adjusting One-Year Pendency Due to Joinder
`37 C.F.R. §§ 42.71(a), 42.72
`
`
`1 Petitioner Dr. Reddy’s Laboratories, Inc. (“Dr. Reddy’s”), from IPR2018-
`01341 has been joined as a Petitioner to this proceeding.
`
`
`
`
`IPR2018-00272
`Patent 9,393,208 B2
`
`
`Numerous delays have beset the present proceeding since our
`Decision Instituting Inter Partes Review on June 14, 2018 (Paper 9). One of
`the original Patent Owners filed a Suggestion of Bankruptcy with the Board
`on August 28, 2018 (Paper 12). Thereafter, we suspended all deadlines in
`this proceeding pending resolution of the bankruptcy proceeding (Paper 13).
`The bankruptcy court entered a sale order on December 27, 2018, which
`lifted the stay of this proceeding. See Ex. 1051. On February 20, 2019, we
`entered an Order revising the Scheduling Order, setting new dates for
`briefing and setting June 14, 2019 as the new date for oral argument (if
`requested) (Paper 27). Finally, on April 1, 2019, we granted Dr. Reddy’s
`motion to join this proceeding. Paper 36.
`Pursuant to 35 U.S.C. § 316(a)(11), “the final determination in an
`inter partes review [shall] be issued not later than 1 year after the date on
`which the Director notices the institution of a review under this chapter,
`except that the Director . . . may adjust the time periods in this paragraph in
`the case of joinder under section 315(c).” The Director has delegated the
`authority to adjust the one-year period to the Board. See 37 C.F.R.
`§ 42.100(c). In particular, 37 C.F.R. § 42.100(c) provides:
`An inter partes review proceeding shall be administered such
`that pendency before the Board after institution is normally no
`more than one year. The time can be . . . adjusted by the Board
`in the case of joinder.
`In accordance with 37 C.F.R. § 42.100(c), we adjust the time of
`pendency before the Board in the present proceeding, which involves
`joinder, to allow us to consider and determine the pending issues. The
`Board will issue a Final Written Decision in this proceeding no later than
`September 8, 2019.
`
`
`
`
`2
`
`
`
`IPR2018-00272
`Patent 9,393,208 B2
`
`
`For the foregoing reasons, it is
`ORDERED that the time of pendency in this proceeding, which
`involves joinder, is adjusted;
`FURTHER ORDERED that the Board will issue a Final Written
`Decision in this proceeding no later than September 8, 2019; and
`FURTHER ORDERED that a copy of this Order will be entered into
`the record of IPR2018-01341.
`
`
`
`
`3
`
`
`
`IPR2018-00272
`Patent 9,393,208 B2
`
`PETITIONER:
`
`Brandon M. White
`Emily Greb
`Bryan D. Beel
`PERKINS COIE LLP
`bmwhite@perkinscoie.com
`egreb@perkinscoie.com
`bbeel@perkinscoie.com
`
`Alan Pollack
`Stuart D. Sender
`Louis Weinstein
`BUDD LARNER PC
`apollack@buddlarner.com
`ssender@buddlarner.com
`lweinstein@buddlarner.com
`
`PATENT OWNERS:
`
`Thomas A. Blinka
`Jonathan G. Graves
`Ellen Scordino
`COOLEY LLP
`tblinka@cooley.com
`jgraves@cooley.com
`escordino@cooley
`
`Margaret J. Sampson
`Stephen M. Hash
`Jefferey S. Gritton
`BAKER BOTTS LLP
`Margaret.Sampson@bakerbotts.com
`Stephen.Hash@bakerbotts.com
`Jefferey.Gritton@bakerbotts.com
`
`
`
`
`4
`
`