`To:
`Cc:
`Subject:
`Date:
`
`Trials
`Gupta, Vishal; Trials
`SJ Deutetrabenazine IPR; Teva-Austedo
`RE: IPR2021-01507 (Apotex Inc. et al. v. Auspex Pharmaceuticals, Inc.)
`Tuesday, December 28, 2021 9:36:53 AM
`
`Counsel: Further to Mr. Gupta’s email below, dated December 23, 2021, the panel authorizes the parties’
`joint request for additional briefing, which may be helpful to the Board in reaching a just result in this
`proceeding. As proposed by the parties, Petitioner’s five-page Reply, limited to the three issues identified
`in Mr. Gupta’s email, is due January 7, 2022, and Patent Owner’s five-page Sur-reply is due January 18,
`2022. The Board will file a copy of this email authorization as Exhibit 3001.
`
`Regards,
`
`Andrew Kellogg,
`Supervisory Paralegal
`Patent Trial and Appeal Board
`USPTO
`andrew.kellogg@uspto.gov
`(571)272-7822
`
`
`
`From: Gupta, Vishal <vgupta@Steptoe.com>
`Sent: Thursday, December 23, 2021 9:20 PM
`To: Trials <Trials@USPTO.GOV>
`Cc: SJ Deutetrabenazine IPR <SJDeutetrabenazineIPR@Steptoe.com>; Teva-Austedo
`<TevaAustedo@wc.com>
`Subject: IPR2021-01507 (Apotex Inc. et al. v. Auspex Pharmaceuticals, Inc.)
`
`CAUTION: This email has originated from a source outside of USPTO. PLEASE CONSIDER THE SOURCE before
`responding, clicking on links, or opening attachments.
`
`Dear Patent Trial and Appeal Board,
`
` I
`
` write on behalf of Petitioners to respectfully request leave to file a short 5-page reply to Patent
`Owner's Preliminary Response ("POPR"). The reply is requested to address POPR Sections IV.A and
`IV.B (related to § 325(d)), IV.C (related to an allegation of extortion) and V.D.2 (related to certain
`secondary considerations).
`
`Patent Owner agrees to Petitioners' reply request and requests a short 5-page sur-reply. Petitioners
`agree to Patent Owner's sur-reply request.
`
`To the extent that the Board is amenable to the foregoing requests, the Parties respectfully propose
`that the reply be due on 1/7 and the sur-reply be due on 1/18.
`
`We appreciate the Board's attention to this matter and happy holidays.
`
`Respectfully submitted,
`
`
`
`
`Vishal Gupta
`Lead Counsel for Petitioners
`
`Vishal Gupta
`Partner
`vgupta@Steptoe.com
`Bio
`
`Steptoe
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