`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________
`
`MYLAN PHARMACEUTICALS INC.,
`Petitioner,
`
`v.
`
`ANACOR PHAMACEUTICALS, INC.,
`Patent Owner
`__________________
`
`Case No. IPR2018-01358
`U.S. Patent No. 9,549,938
`__________________
`
`PATENT OWNER’S MOTION TO REQUEST
`ACCEPTANCE OF PTAB E2E SUBMISSION
`
`
`
`
`
`Case No. IPR2018-01358
`U.S. Patent No. 9,549,938
`
`Patent Owner Anacor Pharmaceuticals, Inc. (“Anacor”) respectfully requests
`
`the Board accept the submission through PTAB E2E of Patent Owner’s Opposition
`
`to Petitioner’s Motion for Joinder (Paper No. 8). Alternatively, Anacor
`
`respectfully requests that the Board excuse the filing of the opposition on August
`
`7, 2018, one day after the due date set by 37 C.F.R. § 42.25(a)(1) for opposing
`
`Mylan’s motion for joinder. See 37 C.F.R. § 42.5(c)(3). Authorization for this
`
`motion was provided by the Board via email dated August 8, 2018.
`
`Petitioner served its motion for joinder together with its petition for inter
`
`partes review on July 6, 2018. Pursuant to 37 C.F.R. § 42.25(a)(1), the due date
`
`for Patent Owner’s opposition to Petitioner’s motion was one month later, August
`
`6, 2018. Counsel for Patent Owner attempted to timely file the opposition that day
`
`through PTAB E2E. However, counsel encountered technical difficulties and was
`
`not successful. Pursuant to instructions posted on the Board’s website, Patent
`
`Owner’s counsel therefore served the opposition on counsel for Petitioner by email
`
`and provided notice to the Board. See Declaration of Anthony H. Sheh (Ex. 2001).
`
`After resolving the technical difficulties the next morning, counsel for Patent
`
`Owner successfully filed the opposition through PTAB E2E on August 7, 2018.
`
`In light of the foregoing, good cause exists to excuse Anacor’s submission of
`
`its opposition through PTAB E2E on August 7, 2018. There is also no prejudice to
`
`the Board’s consideration of Anacor’s opposition papers as they were timely
`
`2
`
`
`
`served on Mylan on August 6, 2018. Anacor thus respectfully requests that the
`
`Case No. IPR2018-01358
`U.S. Patent No. 9,549,938
`
`
`Board accept the submission of the opposition as though it were filed on August 6,
`
`2018, or, alternatively, to excuse the late-filing for good cause.
`
`
`Date: August 13, 2018
`
`
`
`
`
`
`
` Respectfully submitted,
`
`/Aaron P. Maurer/
`Aaron P. Maurer
`Reg. No. 44,911
`Lead Counsel for Patent Owner
`
`Williams & Connolly LLP
`725 Twelfth Street, N.W.
`Washington, DC 20005
`T: (202) 434-5282
`F: (202) 434-5029
`amaurer@wc.com
`
`
`3
`
`
`
`CERTIFICATE OF SERVICE (37 C.F.R. § 42.6(e))
`
`The undersigned hereby certifies that a true and correct copy of the
`
`
`
`foregoing document and supporting exhibit were served on August 13, 2018, by
`
`delivering a copy via electronic mail on the following attorneys of record for the
`
`Petitioner:
`
`Steven W. Parmelee
`Michael T. Rosato
`Jad A. Mills
`Wilson Sonsini Goodrich & Rosati
`701 Fifth Avenue, Suite 5100
`Seattle, WA 98104-7036
`sparmelee@wsgr.com
`mrosato@wsgr.com
`jmills@wsgr.com
`
`
`
`
`
`
`
`
`
`
`/Anthony H. Sheh/
`Anthony H. Sheh
`Reg. No. 70,576
`
`
`
`
`
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