`Tel: 571-272-7822
`
`
`
`
`
`Paper 5
`Date: June 18, 2020
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`TEVA PHARMACEUTICALS USA, INC. AND WATSON
`LABORATORIES, INC.
`Petitioner,
`
`v.
`
`MERCK SHARP & DOHME CORP.,
`Patent Owner.
`_____________
`
`IPR2020-01045 (Patent 7,326,708 B2)
`_______________
`
`Before SHERIDAN K. SNEDDEN, ROBERT A. POLLLOCK, and
`TIMOTHY G. MAJORS, Administrative Patent Judges.
`
`MAJORS, Administrative Patent Judge.
`
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`
`
`
`
`IPR2020-01045 (Patent 7,326,708 B2)
`
`On June 17, 2020, the parties conferred with the Board on Petitioner
`Teva’s motion for joinder. Paper 4. The conference was attended by the
`panel and counsel for Teva, Merck (Patent Owner), and Mylan (Petitioner in
`IPR2020-00040). During the call, Patent Owner’s counsel indicated that it
`was reserving its rights as to whether it intended to oppose Petitioner Teva’s
`motion, and stated that Patent Owner was seeking further information from
`Mylan and Teva regarding the scope of Teva’s participation if it was joined
`in IPR2020-00040.
`The parties’ counsel further informed the panel that at least two
`additional petitions and motions for joinder were recently filed by additional
`challengers to the patent that is the subject of instituted proceedings
`IPR2020-00040 and the petition in IPR2020-01045. Petitioners in those
`other matters have not yet conferred with the Board concerning such other
`petitions and motions for joinder.
`To help narrow potentially disputed issues related to Teva’s motion
`for joinder, the Board encouraged counsel for Mylan and Teva to confer
`(and, if possible, to also confer with the Petitioners in the other two recently-
`filed cases). Petitioners’ counsel should then confer with counsel for Merck
`to determine whether issues related to the motion(s) for joinder remain in
`dispute.
`The Board asked that Teva’s counsel update the Board via email by
`June 23, 2020, on whether such discussions between the parties have taken
`place.
`Absent further order of the Board, the deadlines for any opposition or
`reply to Teva’s motion for joinder are the default filing times according to
`our rules. 37 C.F.R. § 42.25. We will, however, consider a request modify
`the briefing schedule as appropriate. Petitioner Mylan is not permitted to
`
`2
`
`
`
`IPR2020-01045 (Patent 7,326,708 B2)
`
`file any responsive paper in IPR2020-00040 on Teva’s motion absent prior
`Board authorization.
`SO ORDERED.
`
`
`
`
`
`
`
`
`3
`
`
`
`IPR2020-01045 (Patent 7,326,708 B2)
`
`FOR PETITIONER:
`Keith A. Zullow
`Sarah J. Fischer
`Goodwin Procter LLP
`kzullow@goodwinprocter.com
`sfischer@goodwinprocter.com
`
`
`FOR PATENT OWNER:
`Philippe Durette
`Merck & Co., Inc.
`P.O. Box 2000
`Rahway, NJ 07065-0907
`
`4
`
`
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