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Patent Owner

UPL Ltd.

Petitioner

Syngenta Crop Protection AG

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Syngenta Crop Protection AG v. UPL Ltd.

PGR2023-00017 | Patent Trial and Appeal Board

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Filed Jan. 31, 2023

Terminated July 26, 2024

Judges Michael Valek, Susan Mitchell, and Zhenyu Yang

Case Type Post Grant Review

Status Final Written Decision - Appealed

Challenged Patent 16/347,283

Patent No. 11,445,727 assignments

Tech Center 1600

Art Unit 1616

Inventors Rajju Devidas SHROFF, Vikram Rajnikant SHROFF, Carlos Eduardo FABRI et al

Last Updated: 4 days, 5 hours ago

Filing Date	#	Filing and Exhibits
Entries matching. Show All.
9/27/2024	09-27-2024-Petitioner	Event: Notice of Appeal Petitioner Notice: notice of appeal 60: Petitioner's Notice of Appeal
9/27/2024	09-27-2024-Patent_Owner	Event: Notice of Appeal Patent Owner Notice: notice of appeal 59: Patent Owner's Notice of Appeal
7/30/2024	07-30-2024-Board	Board Exhibit 3009: Exhibit 3009
7/26/2024	07-26-2024-Board	Event: Final Written Decision (All Claims Cancelled) Board Final Written Decision: original 58: Final Written Decision Determining All Challenged Claims Unpatentable 35 U.S.C. § 328(a) Granting Petitioner’s Motion to Submit Supplemental Information (Paper 14) 37 C.F.R. § 42.223(a) Denying in Part and Dismissing in Part Petitioner’s Motion to Exclude (Paper 48) 37 C.F.R. § 42.64(c) Denying Patent Owner’s Motions to Seal (Papers 30, 45) 37 C.F.R. §§ 42.14, 42.54
5/20/2024	05-20-2024-Board	Board Other: Hearing transcript 57: Other: Hearing transcript
4/12/2024	04-12-2024-Petitioner	Petitioner Notice: Exhibit list 56: Petitioner's Updated Exhibit List Petitioner Exhibit 1049: Ex. 1049 - Petitioner's Demonstratives
4/12/2024	04-12-2024-Patent_Owner	Patent Owner Notice: Exhibit list 55: Patent Owner's Updated Exhibit List Patent Owner Exhibit 2064: Patent Owner Demonstratives
4/2/2024	04-02-2024-Petitioner	Petitioner Reply to Opposition 53: Petitioner's Reply ISO Motion to Exclude Petitioner Notice: Exhibit list 54: Petitioner's Updated Exhibit List
3/29/2024	03-29-2024-Board	Board Order: on Motion 52: ORDER Setting Oral Argument 37 C.F.R. § 42.70
3/26/2024	03-26-2024-Patent_Owner	Patent Owner Opposition 51: Patent Owner's Opposition to Petitioner's Motion to Exclude (Paper 48)
3/21/2024	03-21-2024-Board	Board Order: Other 50: Order Conduct of the Proceeding Board Exhibit 3007: Exhibit 3007 Board Exhibit 3008: Exhibit
3/19/2024	03-19-2024-Petitioner	Petitioner Motion: Other 48: Petitioner's Motion to Exclude Certain Opinions of Jacobsen's Declaration Petitioner Motion: Other 49: Petitioner's Motion to Exclude Evidence (Exs. 2003-2010, 2020)
3/15/2024	03-15-2024-Patent_Owner	Patent Owner Motion: Other 45: Patent Owner's Motion to Seal Patent Owner Other: other 46: Patent Owner's Sur-Reply (Confidential) Patent Owner Other: other 47: Patent Owner's Sur-Reply (Redacted)
2/27/2024	02-27-2024-Patent_Owner	Patent Owner Motion: Oral Hearing Request 43: Patent Owner's Request for Oral Argument
2/27/2024	02-27-2024-Petitioner	Petitioner Notice: Other 44: Petitioner's Request for Oral Argument
2/16/2024	02-16-2024-Patent_Owner	Patent Owner Other: other 42: Patent Owner's Objections to Petitioner's Reply Evidence
2/9/2024	02-09-2024-Petitioner	Petitioner Pet Reply to PO Resp 41: Petitioner's Reply to Patent Owner's Response Petitioner Exhibit 1035: Exhibit 1035 Petitioner Exhibit 1038: Exhibit 1038 - Part 1 Petitioner Exhibit 1038: Exhibit 1038 - Part 2 Petitioner Exhibit 1040: Exhibit 1040 Petitioner Exhibit 1041: Exhibit 1041 Petitioner Exhibit 1042: Exhibit 1042 Petitioner Exhibit 1046: Exhibit 1046 Petitioner Exhibit 1047: Exhibit 1047
1/31/2024	01-31-2024-Board	Board Order: Other 40: ORDER Denying Petitioner’s Motion for Discovery
1/29/2024	01-29-2024-Patent_Owner	Patent Owner Opposition 39: Patent Owner's Opposition to Petitioner's Motion for Additional Discovery
1/24/2024	01-24-2024-Board	Board Exhibit 3005: Exhibit 3005 Board Exhibit 3006: Exhibit 3006
1/17/2024	01-17-2024-Petitioner	Petitioner Motion: Other 37: Petitioner's Motion for Discovery Petitioner Notice: Exhibit list 38: Petitioner's Updated Exhibit List Petitioner Exhibit 1034: Ex. 1034 Petitioner Exhibit 1043: Ex. 1043 Petitioner Exhibit 1045: Ex. 1045
12/13/2023	12-13-2023-Petitioner	Petitioner Notice: Notice of deposition 36: Petitioner's Notice of Deposition of Barry J. Jacobsen, Ph.D.
11/17/2023	11-17-2023-Petitioner	Petitioner Notice: Other 35: Objection to Evidence in PO's Response
11/13/2023	11-13-2023-Patent_Owner	Patent Owner Notice: Updated Mandatory Notice 34: Patent Owner's Updated Mandatory Notices
11/9/2023	11-09-2023-Patent_Owner	Patent Owner Motion: Other 30: Patent Owner's Motion to Seal Patent Owner PO Response to Pet 31: Patent Owner's Response Patent Owner PO Response to Pet 32: Patent Owner's Response Patent Owner Notice: Exhibit list 33: Patent Owner's Updated Exhibit List Patent Owner Exhibit 2015: 2016 Southeast Regional Caneberries Integrated Management Guide Patent Owner Exhibit 2016: Sequence Combination Demonstrative Patent Owner Exhibit 2020: [SEALED] Jacobsen Declaration Patent Owner Exhibit 2020: [PUBLIC] Jacobsen Declaration Patent Owner Exhibit 2021: Brannen Depo Transcript (Sept. 28, 2023) Patent Owner Exhibit 2022: Wojdyla 2005 Patent Owner Exhibit 2023: EPA Website Patent Owner Exhibit 2024: McLean 2001 Patent Owner Exhibit 2025: Hwang et al. 2002 Patent Owner Exhibit 2026: Cengiz and Certel 2014 Patent Owner Exhibit 2027: Merriam-Webster's Collegiate Dictionary 11th ed Patent Owner Exhibit 2028: Collins Dictionary 2011 Patent Owner Exhibit 2029: US 7,732,469 Patent Owner Exhibit 2030: The Pesticide Manual Patent Owner Exhibit 2032: Muller 2021 Patent Owner Exhibit 2033: Brent & Holloman Patent Owner Exhibit 2034: Response to OA Patent Owner Exhibit 2035: Email from Syngenta Counsel Patent Owner Exhibit 2036: EPA, Label Review Manual Rev Sept 2013, Ch 18 Unique Product Labeling Patent Owner Exhibit 2037: Mitrion Marketing Materials Patent Owner Exhibit 2038: Mitrion Marketing Materials Translation Patent Owner Exhibit 2039: Vawdrey 2004 Patent Owner Exhibit 2040: Reis 2009 Patent Owner Exhibit 2041: Reis 2009 Translation Patent Owner Exhibit 2042: Reg. No. 002935-00546, PN All Season Spray Oil Patent Owner Exhibit 2043: Reg. No. 034704-00805, BioCover MLT Patent Owner Exhibit 2044: Reg. No. 034704-00849, Glacial Spray Fluid Patent Owner Exhibit 2045: U.S. EPA, Pesticide Product Label, 415 OIL 98, 10_04_1996 Patent Owner Exhibit 2046: Singh 2013 Patent Owner Exhibit 2047: Kanetis 2008 Patent Owner Exhibit 2048: da Costa 2019 Patent Owner Exhibit 2049: Lucovic 2020 Patent Owner Exhibit 2050: Tomer 2018 Patent Owner Exhibit 2051: Kiran 2018 Patent Owner Exhibit 2052: Khirallah et al 2016 Patent Owner Exhibit 2053: Manandar 2020 Patent Owner Exhibit 2054: IntermountainTFG-2022-23 Patent Owner Exhibit 2055: EPA report to Congress noting mercury ban Patent Owner Exhibit 2056: Dytrtova 2020 Patent Owner Exhibit 2057: Soller and Wedemeier 2012 Patent Owner Exhibit 2058: Kosman 1996 Patent Owner Exhibit 2059: Picton 2003 Patent Owner Exhibit 2060: FRAC Listing
11/7/2023	11-07-2023-Petitioner	Petitioner Notice: Exhibit list 29: Petitioner's Updated Exhibit List Petitioner Exhibit 1031: Severity Data Related to Ex. 1020 - CONFIDENTIAL Petitioner Exhibit 1032: Additional Severity Data Related to Ex. 1020 - CONFIDENTIAL Petitioner Exhibit 1033: Yield, Defoliation & Phytotoxicity Data Related to Ex. 1020 - CONFIDENTIAL
11/2/2023	11-02-2023-Board	Board Order: on Motion 28: ORDER Denying Patent Owner’s Motion for Additional Discovery 37 C.F.R. § 42.51(b)(2), 42.224
10/27/2023	10-27-2023-Board	Board Order: Other 27: Granting Additional Discovery Modifying Scheduling Order 37 C.F.R. §§ 42.5,42.51(b)(2) Board Exhibit 3004: Exhibit 3004
10/27/2023	10-27-2023-Patent_Owner	Patent Owner Notice: Exhibit list 26: Patent Owner's Updated Exhibit List Patent Owner Exhibit 2019: Hearing Transcript (Oct. 26, 2023)
10/25/2023	10-25-2023-Petitioner	Petitioner Opposition 25: PETITIONER’S OPPOSITION TO MOTION FOR ADDITIONAL DISCOVERY UNDER 37 C.F.R. § 42.51(b)(2)
10/18/2023	10-18-2023-Patent_Owner	Patent Owner Motion: Other 23: Patent Owner's Motion for Additional Discovery Patent Owner Notice: Exhibit list 24: Patent Owner's Updated Exhibit List Patent Owner Exhibit 2017: Hearing Transcript (Oct. 16, 2023) Patent Owner Exhibit 2018: Prates Depo Transcript (Sept. 20, 2023)
10/17/2023	10-17-2023-Board	Board Order: on Motion 21: EXPUNGED Board Order: on Motion 22: ORDER Conduct of the Proceeding 37 C.F.R. § 42.5 Board Exhibit 3002: EXPUNGED Board Exhibit 3002: Ex. 3002 Board Exhibit 3003: EXPUNGED Board Exhibit 3003: Ex. 3003
10/12/2023	10-12-2023-Petitioner	Petitioner Motion: Other 20: Petitioner's Motion for Entry of Stipulated Modified Protective Order
10/4/2023	10-04-2023-Patent_Owner	Patent Owner Notice: Updated Mandatory Notice 19: Patent Owner's Updated Mandatory Notices
9/25/2023	09-25-2023-Patent_Owner	Patent Owner Notice: Notice of deposition 18: Patent Owner's Notice of Deposition of Sylvia Hall-Ellis, Ph.D.
9/14/2023	09-14-2023-Patent_Owner	Patent Owner Notice: Notice of deposition 17: Patent Owner's Notice of Deposition of Phillip M. Brannen, Ph.D.
9/13/2023	09-13-2023-Patent_Owner	Patent Owner Other: other 15: Patent Owner's Opposition to Petitioner's Motion to Submit Supplemental Information Patent Owner Notice: Notice of deposition 16: Patent Owner's Notice of Deposition of Caio Prates
9/5/2023	09-05-2023-Petitioner	Petitioner Motion: Other 14: Petitioner's Motion to Submit Supplemental Information Petitioner Exhibit 1022: Supplemental Hall-Ellis Dec Petitioner Exhibit 1023: Jones Dec Petitioner Exhibit 1024: Brazilian trademark, Process No. 007161867, registration for NIMBUS Petitioner Exhibit 1025: Certified translation of Ex. 1024, Brazilian trademark registration of NIMBUS Petitioner Exhibit 1026: Brazilian trademark, Process No. 200012975, registration for NIMBUS Petitioner Exhibit 1027: Certified translation of Ex. 1026, Brazilian trademark registration of NIMBUS Petitioner Exhibit 1028: NIMBUS material safety and data sheet Petitioner Exhibit 1029: Certified translation of Ex. 1028, NIMBUS MSDS Petitioner Exhibit 1030: Machado article
9/5/2023	09-05-2023-Board	Board Exhibit 3001: Exhibit 3001
8/28/2023	08-28-2023-Petitioner	Petitioner Notice: Power of Attorney 12: Petitioner's Amended Power of Attorney Petitioner Notice: Updated Mandatory Notice 13: Petitioner's Amended Mandatory Notices
8/22/2023	08-22-2023-Patent_Owner	Patent Owner Notice: Other 11: Notice of Joint Stipulation to Modify Due Dates 1-3
8/14/2023	08-14-2023-Petitioner	Petitioner Other: other 10: Objection to Evidence in PO's Preliminary Response
7/31/2023	07-31-2023-Board	Event: Petition Institution (Granted) Board Institution Decision: Grant 8: Institution Decision: Granting Institution of Post-Grant Review 35 U.S.C. sec. 324(a) Board Order: Other 9: Order: SCHEDULING ORDER
5/8/2023	05-08-2023-Patent_Owner	Event: Preliminary Response Patent Owner POPR: filed 6: Patent Owner's Preliminary Response Patent Owner Notice: Exhibit list 7: Patent Owner's Exhibit List Patent Owner Exhibit 2001: de Souza Patent Owner Exhibit 2002: de Souza certified translation Patent Owner Exhibit 2003: Nimbus WG Fungicide Miticide Patent Owner Exhibit 2004: Nimbus WG registration page Patent Owner Exhibit 2005: Nimbus Spain Patent Owner Exhibit 2006: Nimbus Spain certified translation Patent Owner Exhibit 2007: Spain registration authority Nimbus Patent Owner Exhibit 2008: Spain registration authority Nimbus certified translation Patent Owner Exhibit 2009: Nimbus Portugal Patent Owner Exhibit 2010: Nimbus Portugal certified translation Patent Owner Exhibit 2011: US 20100216640A1 (Tobler) Patent Owner Exhibit 2012: US 2015181870A1 (Kemmitt) Patent Owner Exhibit 2013: EP 2783569A1 (Grammenos)
2/21/2023	02-21-2023-Patent_Owner	Patent Owner Notice: Mandatory Notice 4: Patent Owner's Mandatory Notices Patent Owner Notice: Power of Attorney 5: Patent Owner's Power of Attorney and Designation of Lead and Backup Counsel
2/8/2023	02-08-2023-Board	Board Notice: Notice filing date accorded 3: Notice: NOTICE OF FILING DATE ACCORDED TO PETITION AND TIME FOR FILING PATENT OWNER PRELIMINARY RESPONSE
1/31/2023	01-31-2023-Petitioner	Petitioner Notice: Power of Attorney 1: Notice : Power of Attorney Petitioner Petition: as filed 2: Petition : as filed Petitioner Exhibit 1001: US11445727 Petitioner Exhibit 1002: '727 File History Excerpts Petitioner Exhibit 1003: Brannen Dec Petitioner Exhibit 1004: Godoy (Aug 2016) Petitioner Exhibit 1005: Godoy (Aug 2016) Translated Petitioner Exhibit 1006: US9314022 (Tobler) Petitioner Exhibit 1007: WO2015079334A1 (De Oliveira) Petitioner Exhibit 1008: Wiglesworth - 2015 Phytopathology Petitioner Exhibit 1009: Elatus EPA Label Petitioner Exhibit 1010: Gullino (2010) - Mancozeb Petitioner Exhibit 1011: The Pesticide Manual Petitioner Exhibit 1012: Colby Petitioner Exhibit 1013: Gisi Petitioner Exhibit 1014: Levy Petitioner Exhibit 1015: Koller Petitioner Exhibit 1016: Emery Petitioner Exhibit 1017: Moura Petitioner Exhibit 1018: Della Vechia Petitioner Exhibit 1019: Hall-Ellis Dec Petitioner Exhibit 1020: Ciao Prates Dec Petitioner Exhibit 1021: Oliveira Dec

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Syngenta Crop Protection AG v. UPL Ltd.

PGR2023-00017 | Patent Trial and Appeal Board

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