throbber
Paper No. ___
`Date Filed: March 11, 2015
`
`Filed On Behalf Of:
`
`Novartis AG and LTS Lohmann Therapie-Systeme AG
`
`By:
`
`Raymond R. Mandra
`ExelonPatchIPR@fchs.com
`(212) 218-2100
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`NOVEN PHARMACEUTICALS INC.,
`Petitioner
`
`v.
`
`NOVARTIS AG AND LTS LOHMANN THERAPIE-SYSTEME AG,
`Patent Owners
`
`Inter Partes Review No. 2014-00550
`
`U.S. Patent 6,335,031
`
`UNOPPOSED MOTION TO FILE CORRECTED AND SUPPLEMENTAL
`PATENT OWNERS’ EXHIBITS AND CORRECTED EXHIBIT LIST
`
`

`

`Patent Owners Novartis AG and LTS Lohmann Therapie-Systeme AG
`
`respectfully move the Board for leave to submit corrected Exhibits 2012, 2023,
`
`2035, 2044, 2050, 2051 and supplemental Exhibit 2054 to their January 20, 2015
`
`Patent Owner Response and for leave to submit amended Patent Owners’ Exhibit
`
`List 3 as set forth below.
`
`On January 27, 2015, Noven Pharmaceuticals (“Petitioner”) served
`
`objections pursuant to 37 C.F.R § 42.64(b)(1) to all of Patent Owners’ filed
`
`exhibits. Petitioner’s objections included (i) general evidentiary objections and (ii)
`
`specific objections due to clerical and typographical errors addressed herein. On
`
`February 10, 2015, pursuant to 37 C.F.R § 42.64(b)(2), Patent Owners provided a
`
`list of corrections and supplemental evidence to address certain errors raised in
`
`Petitioner’s objections. In a communication dated February 18, 2015, Petitioner
`
`agreed that the proposed corrections and supplemental evidence cured the defects
`
`to which they were addressed but maintained all remaining objections. Patent
`
`Owners have provided the corrected and supplemental exhibits and amended
`
`Exhibit List 3 to the Petitioner, and Petitioner has stated that it does not oppose this
`
`motion.
`
`Patent Owners sought permission to file this motion, which was granted in
`
`an email from the Board on March 10, 2015.
`
`1
`
`

`

`To facilitate the Board’s review of this matter, Patent Owners seek
`
`permission to file the following exhibits and amended exhibit list to correct clerical
`
`and typographical errors:
`
`Exhibit 2012
`
`To correct the following clerical and typographical errors in paragraph 85
`
`and Appendix A paragraph 1 of Exhibit 2012, Patent Owners provide the
`
`Supplemental Declaration of Alexander M. Klibanov, Ph.D., dated February 10,
`
`2015, making the following corrections to Dr. Klibanov’s January 20, 2015
`
`Declaration:
`
` Paragraph 85: Change “(Ex. 2040, USP XX (1979) at 1079; Ex. 2041,
`
`USP XXII (1989) at 624.)” to “(Ex. 2040, United States Pharmacopeia and
`
`National Formulary (USP 20-NF 15), Rockville, MD: United States
`
`Pharmacopeial Convention, 1980 at 624; Ex. 2041, United States
`
`Pharmacopeia and National Formulary (USP 22-NF 17), Rockville, MD:
`
`United States Pharmacopeial Convention, 1990 at 1079.)”
`
` Appendix A, Paragraph 1: Change “(Ex. 40, Rosin, col. 4, ll. 21-53.)” to
`
`“(Ex. 1008, Rosin, col. 4, ll. 21-53.)”
`
`Exhibits 2023, 2035, 2044 and 2050
`
`To address, in part, Petitioner’s objections, Patent Owners provide
`
`replacement exhibits 2023, 2035, 2044, and 2050 with associated cover pages.
`
`2
`
`

`

`Patent Owners request permission to file an amended Exhibit List 3 to
`
`clarify the entry for Exhibit 2023:
`
` Change “U.S. Pharmacopeial Convention, Revision Bulletin, Clonidine
`
`Transdermal System (Jan. 1, 2011)” to “U.S. Pharmacopeial Convention,
`
`Revision Bulletin, Clonidine Transdermal System (Jan. 1, 2011)
`
`incorporated into United States Pharmacopeia and National Formulary (USP
`
`34-NF 29) Supplement 2, 5407-5410, Rockville, MD: United States
`
`Pharmacopeial Convention, 2011”
`
`Exhibits 2040 and 2041
`
`To address, in part, Petitioner’s objections to Exhibits 2040 and 2041, Patent
`
`Owners request permission to file an amended Exhibit List 3 with the following
`
`corrections:
`
` The entry for Exhibit 2040 change “The United States Pharmacopeia, 624-
`
`625 (20th ed., 1979) (Entry for Physostigmine Salicylate Injection)” to
`
`“United States Pharmacopeia and National Formulary (USP 20-NF 15),
`
`624-625, Rockville, MD: United States Pharmacopeial Convention, 1980”
`
` The entry for Exhibit 2041 change “The United States Pharmacopeia, 1078-
`
`1079 (22nd ed., 1989) (Entry for Physostigmine Salicylate Injection)” to
`
`“United States Pharmacopeia and National Formulary (USP 22-NF 17),
`
`3
`
`

`

`1078-1079, Rockville, MD: United States Pharmacopeial Convention,
`
`1990”
`
`Exhibit 2047
`
`To address, in part, Petitioner’s objections to Exhibit 2047, Patent Owners
`
`provide the Declaration of Lisa Butler (supplemental Exhibit 2054), dated
`
`February 10, 2015.
`
`Exhibit 2051
`
`To address, in part, Petitioner’s objections to Exhibit 2051, Patent Owners
`
`provide a clean replacement copy of the exhibit.
`
`Dated: March 11, 2015
`
`Respectfully submitted,
`
`/Raymond R. Mandra/
`Raymond R. Mandra
`Registration No. 34,382
`Lead Counsel for Patent Owner
`FITZPATRICK, CELLA, HARPER
`& SCINTO
`1290 Avenue of the Americas
`New York, NY 10104-3800
`Tel. 212-218-2100
`
`4
`
`

`

`CERTIFICATE OF SERVICE
`
`I certify that a copy of the foregoing UNOPPOSED MOTION TO FILE
`CORRECTED AND SUPPLEMENTAL PATENT OWNERS’ EXHIBITS AND
`EXHBIT LIST was served on March 11, 2015 by causing it to be sent by email to
`counsel for Petitioner at the following email addresses:
`
`Steven J. Lee (slee@kenyon.com)
`
`Michael K. Levy (mlevy@kenyon.com)
`
`Chris Coulson (ccoulson@kenyon.com)
`
`Dated: March 11, 2015
`
`/Raymond R. Mandra/
`Raymond R. Mandra
`Registration No. 34,382
`FITZPATRICK, CELLA, HARPER
`& SCINTO
`1290 Avenue of the Americas
`New York, NY 10104-3800
`Tel. 212-218-2100
`
`5
`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket