`Tel: 571-272-7822
`
`Paper 15
`Entered: July 20, 2020
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`MYLAN LABORATORIES LTD.
`Petitioner,
`
`v.
`
`JANSSEN PHARMACEUTICA NV,
`Patent Owner.
`
`
`IPR2020-00440
`Patent 9,439,906
`
`
`
`
`
`
`
`
`
`Before JOHN G. NEW, KRISTINA M. KALAN, and
`ROBERT A. POLLOCK, Administrative Patent Judges.
`PER CURIAM
`
`
`
`ORDER
`Granting Petitioner’s Request Submit a Revised Reply Brief and Patent
`Owner’s Request to Change Submission Date of Sur-Reply Brief
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`
`
`
`
`IPR2020-00440
`Patent 9,439,906
`
`
`Petitioner Mylan Laboratories Ltd. (“Mylan”) has requested, via an
`email of July 7, 2020 to the Board, authorization to replace its Reply Brief
`(Paper 12) to Patent Owner Janssen Pharmaceutica NV’s (“Janssen”)
`Preliminary Response (Paper 8). Mylan represents that submission of the
`revised Reply Brief is requested solely to reflect PTAB authority that was
`recently designated as “informative,” viz., Apple Inc. v. Fintiv, Inc.,
`IPR2020-00019, Paper 15 (May 13, 2020) and Sand Revolution II, LLC v.
`Continental Intermodal Grp. – Trucking LLC, IPR2019-01393, Paper 24
`(June 16, 2020). Mylan informs the Board that it has provided Janssen with
`a copy of the revised substitute Reply and a redline document showing the
`nature of the revisions. Mylan further represents that the substitute Reply
`Brief remains within the limit imposed by the Board. See Paper 10.
`Mylan informs the Board that Janssen does not object to Mylan’s
`Request, provided that Janssen’s deadline to submit its Sur-Reply be
`extended to July 22, 2020. Mylan does not object to this latter condition.
`Because there is no disagreement between the parties concerning their
`respective requests, we authorize Mylan’s submission of a revised Reply
`Brief, as described above, and we extend the submission of Janssen’s Sur-
`Reply to July 22, 2020. No other dates are extended by this Order.
`
`
`ORDER
`
`It is therefore,
`ORDERED that Mylan’s request to file a revised Reply Brief is
`authorized, and
`
`2
`
`
`
`
`IPR2020-00440
`Patent 9,439,906
`
`
`FURTHER ORDERED that the deadline for Jannsen’s Sur-Reply
`Brief be extended to July 22, 2020, with both parties’ Briefs being subject to
`the limitations prescribed in our order of July 2, 2020 (Paper 10).
`
`
`PETITIONER:
`
`Jitendra Malik, Ph.D.
`Guylaine Haché, Ph.D.
`Alissa M. Pacchioli
`Lance Soderstrom
`KATTEN MUCHIN ROSENMAN LLP
`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
`bmullin@pbwt.com
`acohen@pbwt.com
`jcho@pbwt.com
`
`Ruben H. Munoz
`AKIN GUMP STRAUSS HAUER & FELD LLP
`rmunoz@akingump.com
`
`
`
`3
`
`
`
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