`To:
`Cc:
`
`Subject:
`Date:
`
`Sommers, Erin
`Trials
`kirk.bradley@alston.com; EXT-shri.abhyankar@alston.com; chris.mcardle@alston.com; Raich, William; Holt,
`Cora; Ochiana, Stefan
`Sandoz Inc. v. Pharmacyclics LLC, IPR2019-00865
`Tuesday, May 12, 2020 3:00:03 PM
`
`Sandoz Inc. v. Pharmacyclics LLC
`IPR2019-00865
`
`Dear Honorable Board,
`
`Patent Owner seeks authorization to file a motion to strike improper new arguments included in
`Petitioner’s Reply Brief pursuant to 37 C.F.R. § 42.23(b) as the Board has previously authorized. E.g.,
`Qiagen North American Holdings, Inc. v. Handylab, Inc., IPR2019-0488, Paper 37 at 2 (PTAB Feb. 13,
`2020). Specifically, Patent Owner seeks to strike the following two new arguments:
`1. Section III.B of the Reply argues for the first time that the ’085 Publication explicitly discloses
`the steroid-dependent/refractory patient subpopulations claimed in claims 4, 13, and 15 (and
`claims depending therefrom); and
`2. Section III.C.1 of the Reply argues for the first time that the ’085 Publication explicitly
`discloses the patient treatment outcomes of claims 6-8, 29-31, 44-46, and 51-53.
`
`Petitioner opposes. If the Board believes a teleconference would be helpful, Patent Owner and
`Petitioner are available between 1-4 PM on Thursday, May 14 and Friday, May 15.
`
`Respectfully,
`
`Erin M. Sommers
`Back-up Counsel for Patent Owner
`Reg. No. 60,974
`
`Erin M. Sommers
`Partner
`Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
`901 New York Avenue, NW, Washington, DC 20001-4413
`+1 202 408 4292 | fax +1 202 408 4400 | erin.sommers@finnegan.com | www.finnegan.com
`
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`
`EX. 3001
`IPR2019-00865
`
`