`Trials@uspto.gov
`571-272-7822 Entered: May 12, 2014
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`AMNEAL PHARMACEUTICALS, LLC,
`Petitioner,
`
`v.
`
`ENDO PHARMACEUTICALS INC.,
`Patent Owner.
`____________
`
`Case IPR2014-00361
`Patent 8,309,122 B2
`____________
`
`
`
`Before TONI R. SCHEINER, FRANCISCO C. PRATS, and
`JACQUELINE WRIGHT BONILLA, Administrative Patent Judges.
`
`BONILLA, Administrative Patent Judge.
`
`
`ORDER
`Conduct of Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`Case IPR2014-00361
`Patent 8,309,122 B2
`
`
`Patent Owner, Endo Pharmaceuticals Inc., filed timely a Preliminary
`Response on April 25, 2014 (Paper 6). On April 28, 2014, Patent Owner
`filed timely a second Preliminary Response (Paper 7) and a Motion to
`Expunge (Paper 8). In its Motion, Patent Owner moved to expunge the first
`Preliminary Response filed on April 25, 2014, in favor of its “corrected”
`Preliminary Response filed concurrently with the Motion. Paper 8, 1.
`Patent Owner explained that its “corrected” Preliminary Response was
`identical to the first paper except that it included Figure 1 inadvertently
`omitted from the first paper. Id.; see also Paper 7, 9. Petitioner, Amneal
`Pharmaceuticals, LLC, has expressed no opposition to the Motion to
`Expunge.
`
`It is hereby
`ORDERED that Patent Owner’s Motion to Expunge the Preliminary
`Response filed on April 25, 2014 (Paper 6) is GRANTED.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`2
`
`
`
`Case IPR2014-00361
`Patent 8,309,122 B2
`
`For PETITIONER:
`Eldora L. Ellison
`Dennies Varughese
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`eellison-PTAB@skgf.com
`dvarughe-PTAB@skgf.com
`
`
`
`For PATENT OWNER:
`
`Joseph A. Mahoney
`Erick J. Palmer
`MAYER BROWN LLP
`jmahoney@mayerbrown.com
`ejpalmer@mayerbrown.com
`
`
`
`
`
`
`
`
`
`3
`
`
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