`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`MYLAN PHARMACEUTICALS INC., DR. REDDY’S LABORATORIES, INC.,
`DR. REDDY’S LABORATORIES, LTD., and SUN PHARMACEUTICALS
`INDUSTRIES LTD.,
`Petitioners,
`v.
`MERCK SHARP & DOHME CORP.,
`Patent Owner.
`Case IPR2020-000401
`Patent 7,326,708 B2
`
`_______________
`PETITIONER SUN PHARMACEUTICAL INDUSTRIES LTD.’S NOTICE
`OF APPEAL
`
`
`
`
`
`1 Dr. Reddy’s Laboratories, Inc. and Dr. Reddy’s Laboratories, Ltd. were joined as
`a party to this proceeding via a Motion for Joinder in IPR2020-01060; and Sun
`Pharmaceuticals Industries Ltd. was joined as a party to this proceeding via Motion
`for Joinder in IPR2020-01072.
`
`
`
`
`
`IPR2020-00040
`Patent 7,326,708 B2
`
`Pursuant to 28 U.S.C. § 1295(a)(4)(A), 5 U.S.C. §§ 701-706, 35 U.S.C. §§
`
`319, 141, 142, and in accordance with 37 C.F.R. §§ 90.2, 90.3, and Federal Circuit
`
`Rule 15(a)(1), Petitioner Sun Pharmaceuticals Industries Ltd. hereby provides notice
`
`that it appeals to the United States Court of Appeals for the Federal Circuit from the
`
`Final Written Decision of the Patent Trial and Appeal Board in Case No. IPR2020-
`
`00040, entered on May 7, 2021 (Paper No. 91), and from all underlying orders,
`
`decisions, rulings, and opinions related thereto and included therein. Petitioner
`
`Mylan Pharmaceuticals Inc. has already noticed its appeal of the Board’s Final
`
`Written Decision. (Paper 92). This appeal is timely under 35 U.S.C. § 142 and Rule
`
`15(a)(1) of the Federal Rules of Appellate Procedure.
`
`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), the expected issues on appeal
`
`include, but are not limited to the following:
`
`1.
`
`The Board’s determination that Petitioner failed to show that claims 1-
`
`3, 17, 19, and 21-23 of U.S. Patent No. 7,326,708 B2 (“the ’708
`
`Patent”) are unpatentable as anticipated over the prior art.
`
`2.
`
`The Board’s determination that Petitioner failed to show that claims 1-
`
`4, 17, 19, and 21-23 of the ’708 Patent are unpatentable as obvious over
`
`the prior art.
`
`3.
`
`The Board’s determination that the Patent Owner had reduced to
`
`practice the subject matter of claims 1, 2, 17, 19, and 21–23 of the ’708
`
`2
`
`
`
`IPR2020-00040
`Patent 7,326,708 B2
`
`Patent before the applicable priority and/or publication date of WO
`
`03/004498 A1, and whether WO 03/004498 A1 is available prior art to
`
`claims 1, 2, 17, 19, and 21–23 of the ’708 Patent.
`
`4.
`
`All other issues decided adversely to Petitioner in any orders, decisions,
`
`rulings, and opinions underlying or supporting the Final Written
`
`Decision.
`
`Pursuant to 35 U.S.C. § 142 and 37 C.F.R. § 90.2(a), a copy of this Notice is
`
`being filed with the Director of the United States Patent and Trademark Office and
`
`with the Patent Trial and Appeal Board. In addition, a copy of this Notice and the
`
`required docketing fees are being filed with the Clerk’s Office for the United States
`
`Court of Appeals for the Federal Circuit via CM/ECF.
`
`
`
`Dated: July 8, 2021
`
`
`
`
`
`Respectfully submitted,
`
`
` /Jovial Wong/
`Jovial Wong
`Reg. No. 60,115
`
`Lead Counsel for Petitioner
`
`3
`
`
`
`IPR2020-00040
`Patent 7,326,708 B2
`
`
`CERTIFICATE OF FILING
`
`The undersigned hereby certifies that the above-captioned PETITIONER’S
`
`NOTICE OF APPEAL was electronically filed through PTAB E2E and via Priority
`
`Mail Express with the Director on July 8, 2021, at the following address:
`
`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`The undersigned also hereby certifies that a true and correct paper copy of the
`
`above-captioned PETITIONER’S NOTICE OF APPEAL, and the docketing fee of
`
`$500 are being filed via Priority Mail Express, CM/ECF, and Pay.gov, respectively,
`
`with the Clerk’s Office of the United States Court of Appeals for the Federal Circuit
`
`on July 8, 2021.
`
`
`
`
`
`Dated: July 8, 2021
`
`
`
`
`
`Respectfully submitted,
`
`
` /Jovial Wong/
`Jovial Wong
`Reg. No. 60,115
`
`Lead Counsel for Petitioner
`
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`IPR2020-00040
`Patent 7,326,708 B2
`
`
`Pursuant to 37 C.F.R. §§ 42.6(e) and 42.105(a), I certify that, on July 8, 2021,
`
`a
`
`true
`
`and
`
`correct
`
`copy
`
`of
`
`the
`
`foregoing PETITIONER SUN
`
`PHARMACEUTICALS INDUSTRIES LTD.’S NOTICE OF APPEAL, was served
`
`electronically on counsel of record for the Patent Owner and other petitioners at the
`
`following electronic-mail addresses:
`
`sfisher@wc.com
`
`jberniker@wc.com
`
`smahaffy@wc.com
`
`asheh@wc.com
`
`bgenderson@wc.com
`
`ebaumgarten@wc.com
`
`jluo@wc.com
`
`jkomis@wc.com
`
`azolan@wc.com
`
`suribe@wc.com
`
`vomoroghomwan@wc.com
`
`rfaegenburg@lernerdavid.com
`
`tvanbuskirk@lernerdavid.com
`
`mteschner@lernerdavid.com
`
`
`
`
`
`agaza@ycst.com
`
`swilson@ycst.com
`
`jitty.malik@katten.com
`
`alissa.pacchioli@katten.com
`
`heike.radeke@katten.com
`
`christopher.west@katten.com
`
`lance.soderstrom@katten.com
`
`
`Dated: July 8, 2021
`
`
`
`
`
`
`
`
`
`
`
`
`
`IPR2020-00040
`Patent 7,326,708 B2
`
`
`Respectfully submitted,
`
`
` /Jovial Wong/
`Jovial Wong
`Reg. No. 60,115
`
`Lead Counsel for Petitioner
`
`
`
`
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