`Tel: 571-272-7822
`
`Paper 7
`Date: May 11, 2020
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`MYLAN LABORATORIES LTD.
`Petitioner,
`
`v.
`
`JANSSEN PHARMACEUTICA NV,
`Patent Owner.
`
`
`IPR 2020-00440
`Patent 9,439,906
`
`
`
`
`
`
`
`
`
`Before JOHN G. NEW, KRISTINA M. KALAN, and ROBERT A.
`POLLOCK, Administrative Patent Judges.
`
`PER CURIAM
`
`
`
`ORDER
`Granting Patent Owner’s Motion to Extend Deadline
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`
`
`
`
`IPR 2020-00440
`Patent 9,439,906
`
`
`Patent Owner Janssen Pharmaceuticals N.V. (“Janssen”) has
`
`requested a 30-day extension of the deadline for filing its Preliminary
`
`Response to Petitioner Mylan Laboratories, Ltd.’s (“Mylan”) Petition to
`
`Institute inter partes review of Mylan’s US 9,439,906 (Paper 3). Janssen
`
`has indicated to the Board that Mylan does not oppose Janssen’s request.
`
`Pursuant to the authority under section 12004(a) of the Coronavirus
`
`Aid, Relief, and Economic Security Act, Pub. L. No. 116-136, Stat. (2020)
`
`(“CARES Act”), the Board issued the Notice of Waiver of Patent-Related
`
`Timing Deadlines under the Coronavirus Aid, Relief, and Economic
`
`Security Act (“CARES Act Notice”).
`
`According to the CARES Act Notice, the Board “shall provide a 30-
`
`day extension of time” for a patent owner response in a trial proceeding
`
`under 37 C.F.R. § 42.107 upon “affirming that a filing due between, and
`
`inclusive of both, March 27, 2020 and April 30, 2020 was or may be delayed
`
`due to the COVID-19 outbreak.” CARES Act Notice 3. A delay “due to the
`
`COVID-19 outbreak” is defined as occurring “if a . . . patent owner . . . was
`
`personally affected by the COVID-19 outbreak, including, without
`
`limitation, through office closures, cash flow interruptions, inaccessibility of
`
`files or other materials, travel delays, personal or family illness, or similar
`
`circumstances, such that the outbreak materially interfered with timely
`
`filing.” Id. at 2. The filing dates have subsequently been extended by the
`
`USPTO to on or before June 1, 2020. See USPTO, Notice of Extended
`
`Waiver of Patent-Related Timing Deadlines under the Coronavirus Aid,
`
`Relief, and Economic Security Act and Other Relief Available to Patent
`
`Applicants and Patentees, April 28, 2020 available at:
`
`2
`
`
`
`
`IPR 2020-00440
`Patent 9,439,906
`
`https://www.uspto.gov/sites/default/files/documents/Patents-Notice-CARES-
`
`Act-2020-04.pdf (last visited May 11, 2020).
`
`Janssen’s Preliminary Response is presently due on May 21, 2020.
`
`Janssen represents that all of its attorneys in this proceeding are located in
`
`the New York City and Philadelphia areas and that the COVID-19 outbreak
`
`has materially interfered with their preparation of the preliminary response
`
`in this proceeding, at least because of office closures at both locations and
`
`the ensuing disruptions associated with those closures. Janssen therefore
`
`requests a 30-day extension of the due date for filing its Preliminary
`
`Response.
`
`We grant Janssen’s request.
`
`
`
`It is therefore,
`
`ORDER
`
`ORDERED that the due date for Janssen’s Preliminary Response is
`
`extended to on or before June 20, 2020.
`
`
`
`
`
`
`
`3
`
`
`
`
`IPR 2020-00440
`Patent 9,439,906
`
`PETITIONER:
`
`Jitendra Malik, Ph.D.
`Guylaine Hache, Ph.D.
`Alissa M. Pacchioli
`Lance Soderstrom
`Katten Muchin Rosenman LLP
`550 S. Tryon Street, Suite 2900
`Charlotte, NC 28202-4213
`jitty.malik@katten.com
`alissa.pacchioli@katten.com
`lance.soderstrom@katten.com
`
`PATENT OWNER:
`
`Barbara L. Mullin
`Andrew D. Cohen
`Joong Youn (Jay) Cho
`PATTERSON BELKNAP WEBB & TYLER LLP
`1133 Avenue of the Americas
`New York, NY 10036
`Tel.: (212) 336-2468
`Fax: (212) 336-1231
`bmullin@pbwt.com
`acohen@pbwt.com
`jcho@pbwt.com
`
`Ruben H. Munoz
`AKIN GUMP STRAUSS HAUER & FELD LLP
`Two Commerce Square
`2001 Market Street, Suite 4100
`Philadelphia, PA 19103
`Tel.: (215) 965-1263
`Fax: (215) 965-1210
`rmunoz@akingump.com
`
`
`
`4
`
`
`
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