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14 Order Conduct of Proceeding: CONDUCT OF THE PROCEEDINGExpunging Unauthorized New Evidence37 CFR ¿¿ 427

Document IPR2019-01095, No. 14 Order Conduct of Proceeding - CONDUCT OF THE PROCEEDINGExpunging Unauthorized New Evidence37 CFR ¿¿ 427 (P.T.A.B. Aug. 20, 2020)
Subsequent thereto, Patent Owner filed a Request for Rehearing under 37 C.F.R. § 42.71(d) (Paper 61, “Request for Rehearing”), and therewith new Exhibits 2071 and 2072.
Exhibits 2071 and 2072 were not of record at the time Patent Owner filed its Request for Rehearing on June 29, 2020, and Patent Owner has not made a showing of “good cause” to admit this new evidence into the record.
To which Patent Owner responded via a second email to the Board, stating: In response to Petitioners’ July 27, 2020 and August 13, 2020 e-mails, Patent Owner respectfully submits that the Board should not expunge Exhibits 2071 and 2072 from the IPR Record.
Huawei Device Co., Ltd. v. Optis Cellular Tech., LLC, IPR2018-00816, Paper 19 at 4 (PTAB Jan. 8, 2019) (precedential).
Furthermore, Patent Owner did not otherwise show that good cause exists for admitting the new evidence.
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62 Order: DECISIONDenying Patent Owner¿¿¿s Request for Rehearing37 CFR ¿¿ 4271d

Document IPR2019-00207, No. 62 Order - DECISIONDenying Patent Owner¿¿¿s Request for Rehearing37 CFR ¿¿ 4271d (P.T.A.B. Jul. 23, 2020)
An abuse of discretion may arise if a decision is based on an erroneous interpretation of law, if a factual finding is not supported by substantial evidence, or if an unreasonable judgment is made in weighing relevant factors.
We review Patent Owner’s Request for Rehearing in view of these standards of law and the evidence of record.
Patent Owner further asserts that the Board could not have instituted this trial because of the challenged claims’ alleged indefiniteness.
Petitioner’s district court litigation strategy and arguments have no impact on the Board’s conclusions regarding the obviousness of the challenged claims, which we readily understood for purposes of our analysis in this proceeding.
Accordingly, Patent Owner has not identified any issues the Board misapprehended or overlooked and we find no abuse of discretion in our conclusions in the Final Written Decision.
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58 Termination Decision Document: Termination Decision Document

Document IPR2019-00207, No. 58 Termination Decision Document - Termination Decision Document (P.T.A.B. May. 29, 2020)
The preferred compositional weight percent range for 12 Garrett does not assert that topical dapsone formulations for treating acne were new as of its disclosure, and it identifies and incorporates by reference in its entirety, inter alia, U.S. Patent 5,863,560 to Osborne (Ex. 1016, “Osborne ’560”).
Petitioner asserts that the prior art informed the skilled artisan that the claimed dapsone, water, DGME, and methyl paraben were compatible components for a topical formulation, and that a hydrophilic or hydroalcoholic thickening agent, such as carbomer, could also be included.
In particular, as explained below, we find that a person of ordinary skill in the art would have found it obvious to substitute the A/SA copolymer taught by Nadau-Fourcade for the carbomer gelling agent disclosed in Garrett’s formulations to arrive at the claimed composition.
Although the example in Garret only studied a 5% dapsone topical formulation, we find that a POSA would have nonetheless considered it relevant in determining whether higher concentrations of the active agent within Garrett’s disclosed range of 5–10% were also safe and effective based on Garrett’s teaching that 5% to 10%
Regarding the “grittiness” rationale of Ground 2, Patent Owner argues that, although the Aczone 5%’s FDA-approved labeling indicates the presence of grittiness, with visible drug particles, this really was not the case and would not have motivated the skilled artisan to substitute Carbopol with Sepineo.
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13 Termination Decision Document: Termination Decision Document

Document IPR2019-01095, No. 13 Termination Decision Document - Termination Decision Document (P.T.A.B. May. 29, 2020)

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57 Order Conduct of Proceeding: Denying Authorization for Patent OwnerMotion to...

Document IPR2019-00207, No. 57 Order Conduct of Proceeding - Denying Authorization for Patent OwnerMotion to file Supplemental Information37 CFR sec 425a sec 42123b (P.T.A.B. May. 22, 2020)

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56 Order: Order Adjusting One Year Pendency Due to Joinder

Document IPR2019-00207, No. 56 Order - Order Adjusting One Year Pendency Due to Joinder (P.T.A.B. May. 5, 2020)

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55 Hearing Transcript: Hearing Transcript

Document IPR2019-00207, No. 55 Hearing Transcript - Hearing Transcript (P.T.A.B. Feb. 26, 2020)

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44 Order: Order Conduct of the Proceeding Modifying Schedule

Document IPR2019-00207, No. 44 Order - Order Conduct of the Proceeding Modifying Schedule (P.T.A.B. Jan. 21, 2020)

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40 Order: ORDER Oral Hearing

Document IPR2019-00207, No. 40 Order - ORDER Oral Hearing (P.T.A.B. Jan. 6, 2020)

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39 Order: ORDER Granting Patent Owner¿¿¿s Motion for Additional Discovery37 CF...

Document IPR2019-00207, No. 39 Order - ORDER Granting Patent Owner¿¿¿s Motion for Additional Discovery37 CFR ¿¿ 4251b2 (P.T.A.B. Dec. 31, 2019)

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35 Order: DECISION Granting Institution of Inter Partes Review 35 USC ¿¿ 314 Gran...

Document IPR2019-00207, No. 35 Order - DECISION Granting Institution of Inter Partes Review 35 USC ¿¿ 314 Granting Motion for Joinder 35 USC ¿¿ 315c, 37 CFR ¿¿ 42122 (P.T.A.B. Nov. 27, 2019)

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12 Institution Decision: Trial Instituted Document

Document IPR2019-01095, No. 12 Institution Decision - Trial Instituted Document (P.T.A.B. Nov. 27, 2019)

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24 Order: CONDUCT OF THE PROCEEDINGS

Document IPR2019-00207, No. 24 Order - CONDUCT OF THE PROCEEDINGS (P.T.A.B. Oct. 11, 2019)

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10 Order: ORDERAuthorizing Reply to Preliminary Response to Petitionerand Sur r...

Document IPR2019-01095, No. 10 Order - ORDERAuthorizing Reply to Preliminary Response to Petitionerand Sur reply to Patent Owner37 CFR ¿¿ 42108c (P.T.A.B. Oct. 7, 2019)

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66 Mandatory Notice: Patent Owner Almirall, LLCs Updated Mandatory Notices Und...

Document IPR2019-00207, No. 66 Mandatory Notice - Patent Owner Almirall, LLCs Updated Mandatory Notices Under 37 CFR Section 428 (P.T.A.B. Aug. 27, 2021)

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