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`IPR2020-00040
` Petitioner’s Notice of Appeal
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`MYLAN PHARMACEUTICALS INC., DR. REDDY’S LABORATORIES, INC.,
`DR. REDDY’S LABORATORIES, LTD., and SUN PHARMACEUTICALS
`INDUSTRIES LTD.,
`Petitioners,
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`v .
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`MERCK SHARP & DOHME CORP.,
`Patent Owner.
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`Case IPR2020-000401
`U.S. Patent No. 7,326,708 B2
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`NOTICE OF APPEAL OF PETITIONER DR. REDDY’S LABORATORIES, INC.
`AND DR. REDDY’S LABORATORIES, LTD.
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`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`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.
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`6922973_1.docx
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`IPR2020-00040
` Petitioner’s Notice of Appeal
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`Pursuant to 28 U.S.C. § 1295(a)(4)(A), 5 U.S.C. §§ 701-706, 35 U.S.C.
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`§§ 319, 141, 142, and in accordance with 37 C.F.R. §§ 90.2, 90.3, and Federal
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`Circuit Rule 15(a)(1), Dr. Reddy’s Laboratories, Inc. and Dr. Reddy’s Laboratories,
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`Ltd. (“DRL” or “Petitioner”) hereby provides notice that it appeals to the United
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`States Court of Appeals for the Federal Circuit from the Final Written Decision of
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`the Patent Trial and Appeal Board in Case No. IPR2020-00040, entered on May 7,
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`2021 (Paper No. 91), and from all underlying orders, decisions, rulings, and opinions
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`related thereto and included therein. This appeal is timely under 35 U.S.C. § 142
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`and Rule 15(a)(1) of the Federal Rules of Appellate Procedure.
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`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), the expected issues on appeal
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`include, but are not limited to the following:
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`1.
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`The Board’s determination that Petitioner failed to show that claims 1-
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`3, 17, 19, and 21-23 of U.S. Patent No. 7,326,708 B2 (“the ’708
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`Patent”) are unpatentable as anticipated over the prior art.
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`2.
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`The Board’s determination that Petitioner failed to show that claims
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`1-4, 17, 19, and 21-23 of the ’708 Patent are unpatentable as obvious
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`over the prior art.
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`3.
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`The Board’s determination that the Patent Owner had reduced to
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`practice the subject matter of claims 1, 2, 17, 19, and 21–23 of the ’708
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`Patent before
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`the applicable priority or publication date of
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`6922973_1.docx
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`IPR2020-00040
` Petitioner’s Notice of Appeal
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`WO 03/004498 A1, and whether WO 03/004498 A1 is available prior
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`art to claims 1, 2, 17, 19, and 21–23 of the ’708 Patent.
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`4.
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`All other issues decided adversely to Petitioner in any orders, decisions,
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`rulings, and opinions underlying or supporting the Final Written
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`Decision.
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`Pursuant to 35 U.S.C. § 142 and 37 C.F.R. § 90.2(a), a copy of this Notice is
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`being filed with the Director of the United States Patent and Trademark Office and
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`with the Patent Trial and Appeal Board. In addition, a copy of this Notice and the
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`required docketing fees are being filed with the Clerk’s Office for the United States
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`Court of Appeals for the Federal Circuit via CM/ECF.
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`Date: July 8, 2021
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`Respectfully submitted,
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`Lerner, David, Littenberg,
` Krumholz & Mentlik, LLP
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`/ Tedd W. Van Buskirk /
`Tedd W. Van Buskirk (Reg. No. 46,282)
`Counsel for Petitioner
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`6922973_1.docx
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`IPR2020-00040
` Petitioner’s Notice of Appeal
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`CERTIFICATION OF SERVICE ON PATENT OWNER
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`Pursuant to 37 C.F.R. §§ 42.6, the undersigned certifies that on July 8, 2021,
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`a complete copy of the foregoing Notice of Appeal was served electronically on
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`counsel of record for the Patent owner at the following electronic-mail addresses:
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`sfisher@wc.com
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`jberniker@wc.com
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`smahaffy@wc.com
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`asheh@wc.com
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`bgenderson@wc.com
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`ebaumgarten@wc.com
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`jluo@wc.com
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`jkomis@wc.com
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`azolan@wc.com
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`suribe@wc.com
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`vomoroghomwan@wc.com
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`6922973_1.docx
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`Respectfully submitted,
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`Lerner, David, Littenberg,
` Krumholz & Mentlik, LLP
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`By: / Tedd W. Van Buskirk /
`Tedd W. Van Buskirk
`Reg. No. 46,282
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`IPR2020-00040
` Petitioner’s Notice of Appeal
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`In accordance with 37 C.F.R. §§ 90.2(a)(1) and 104.2(b), I hereby certify that,
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`in addition to being filed electronically through the Board’s E2E System, the original
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`version of the foregoing Notice of Appeal was filed by Federal Express (Priority
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`Overnight) on July 8, 2021, with the Director of the United States Patent and
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`Trademark Office, at the following address:
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`Director of the United States Patent and Trademark Office
`c/o Office of the General Counsel
`Madison Building East, Room 10B20
`600 Dulany Street
`Alexandria, VA 22314
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`In accordance with 37 C.F.R. § 90.2(a)(2), I hereby certify that on July 8,
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`2021, a true and correct copy of the foregoing Notice of Appeal was filed
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`electronically with the Clerk’s Office of the United States Court of Appeals for the
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`Federal Circuit.
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`Date: July 8, 2021
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`6922973_1.docx
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`Respectfully submitted,
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`Lerner, David, Littenberg,
` Krumholz & Mentlik, LLP
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`/ Tedd W. Van Buskirk /
`Tedd W. Van Buskirk (Reg. No. 46,282)
`Counsel for Petitioner
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