`Filed: August 12, 2019
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`
`NEPTUNE GENERICS, LLC
`
`PETITIONER
`
`V.
`
`AVENTIS PHARMA S.A.
`
`PATENT OWNER
`
`___________________
`
`CASE NO.: IPR2019-00136
`PATENT NO. 5,847,170
`FILED: MARCH 26, 1996
`ISSUED: DECEMBER 8, 1998
`INVENTORS: HERVÉ BOUCHARD,
`JEAN-DOMINIQUE BOURZAT, ALAIN COMMERÇON
`
`
`TITLE: TAXOIDS, THEIR PREPARATION, AND PHARMACEUTICAL
`COMPOSITIONS CONTAINING THEM
`___________________
`
`PETITIONER’S FIRST UPDATE TO
`MANDATORY NOTICES – 37 C.F.R. § 42.8(A)(3)
`
`
`
`Pursuant to 37 C.F.R. § 42.8(a)(3), Petitioner updates the original Mandatory
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`Notices recited in its Petition (Paper No. 1), because several entities identified as
`
`Real Parties-in-Interest have subsequently changed their names.
`
`Real Parties-in-Interest (37 C.F.R. § 42.8(b)(1))
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`Petitioner certifies that Neptune Generics, LLC, Niagara FundingCo, LLC,
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`BCIM Partners II, LP, BCIM General Partner II, LP, Burford Capital Ireland DAC,
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`BCIM PII Holdings, LLC, Burford Capital Investment Management LLC, Burford
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`Capital Holdings (UK) Limited, and Burford Capital Limited are the real parties in
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`interest (collectively, “RPI”). Neptune Generics, LLC, a New York limited
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`liability company, is 100% owned by Niagara FundingCo, LLC, a New York
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`limited liability company, which itself is 100% owned by BCIM Partners II, LP, a
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`Delaware limited partnership. BCIM General Partner II, LLC, a Delaware limited
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`liability company, is the general partner of BCIM Partners II, LP, and Burford
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`Capital Investment Management LLC is the investment manager to BCIM Partners
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`II, LP. No other person has authority to direct or control (i) the timing of, filing of,
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`content of, or any decisions or other activities relating to this Petition or (ii) any
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`timing, future filings, content of, or any decisions or other activities relating to the
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`future proceedings related to this Petition. All of the costs associated with this
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`Petition are expected to be borne by Neptune Generics, LLC, Niagara FundingCo,
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`
`
`1
`
`
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`LLC, BCIM Partners II, LP, BCIM General Partner II, LP, Burford Capital
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`Investment Management LLC and Burford Capital Holdings (UK) Limited.
`
`Related Judicial and Administrative Matters (37 C.F.R. § 42.8(b)(2))
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`The related matters information has not changed.
`
`Designation of Lead and Back-Up Counsel (37 C.F.R. § 42.8(b)(3))
`
`The lead and back-up counsel information has not changed.
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`Service Information (37 C.F.R. § 42.8(b)(4)).
`
`The service information has not changed.
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`
`
`Respectfully submitted,
`
`
`
`/Alexander E. Gasser/
`
`
`
`Alexander E. Gasser (Reg. No. 48,760)
`SKIERMONT DERBY LLP
`1601 Elm Street, Suite 4400
`Dallas, TX 75201
`P: 214-978-6600/F: 214-978-6601
`Lead Counsel for Petitioner
`
`
`
`
`
`August 12, 2019
`
`Sarah Spires (Reg. No. 61,501)
`Paul J. Skiermont (pro hac vice being requested)
`SKIERMONT DERBY LLP
`1601 Elm Street, Suite 4400
`Dallas, TX 75201
`P: 214-978-6600/F: 214-978-6601
`
`
`
`
`
`2
`
`
`
`Mieke Malmberg (pro hac vice being requested)
`SKIERMONT DERBY LLP
`800 Wilshire Blvd., Suite 1450
`Los Angeles, CA 90017
`P: 213-788-4500/F: 213-788-4545.
`
`Back-Up Counsel for Petitioner
`
`
`
`3
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`
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`CERTIFICATE OF SERVICE
`
`
`I hereby certify that on 8/12/2019, copies of this Petitioner’s First Update to
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`Mandatory Notices – 37 C.F.R. § 42.8(a)(3), including any exhibits and papers
`
`filed therewith, were served as follows:
`
`VIA ELECTRONIC MAIL
`
`Daniel J. Minion (Reg. No. 53,329)
`Dominick A. Conde (Reg. No. 33,856)
`William E. Solander
`Melinda R. Roberts
`Venable LLP
`1290 Avenue of the Americas
`New York, NY
`Telephone: (212) 218-2538
`Facsimile: (212) 218-2200
`
`DMinion@Venable.com
`DConde@Venable.com
`WSolander@Venable.com
`MRRoberts@Venable.com
`
`
`
`
`
`/Alexander E. Gasser/
`
`Alexander E. Gasser
`Reg. No. 48,760
`
`
`
`4
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`
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