`Tel: 571-272-7822
`
`
`
`Paper 27
` Entered: March 24, 2015
`
`
`
`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 Owner.
`____________
`
`Case IPR2014-00549 (Patent 6,316,023 B1)
` Case IPR2014-00550 (Patent 6,335,031 B1)1
`_____________
`
`Before FRANCISCO C. PRATS, ERICA A. FRANKLIN, and
`SCOTT E. KAMHOLZ, Administrative Patent Judges.
`
`FRANKLIN, Administrative Patent Judge.
`
`ORDER
`Petitioner’s Motions to Correct Petition and Exhibits
`37 C.F.R. § 42.104(c); 37 C.F.R. § 42.64(b)
`
`
`
`1 This decision addresses issues that are identical in the two cases. We,
`therefore, exercise our discretion to issue one order to be filed in each case.
`The parties are not authorized to use this style heading for any papers
`without prior authorization by the Board.
`
`
`
`
`
`IPR2014-00549 (Patent 6,316,023 B1)
`IPR2014-00550 (Patent 6,335,031 B1)
`
`
`By motions authorized by the Board, Petitioner moves to correct
`certain clerical and typographical errors in the list of exhibits included in
`each of its petitions for inter partes review (Paper 1) in IPR2014-00549 and
`2014-00550, as well as, in Exhibits 1010, 1011, 1018, 1020, and 1021 in
`IPR2014-00549, and Exhibits 1007, 1010, 1011, 1019, and 1020 in
`IPR2014-00550. Paper 21.2 In the motions, Petitioner describes each
`clerical or typographical error in the petitions and exhibits, along with the
`proposed correction for each error, that it seeks to address. Id. at 3–6.
`Petitioner explains in the motions that the proposed corrections, replacement
`exhibits (Ex. 1018, 1019, 1020, and 1021 in IPR2014-00549; Ex. 1007,
`1019, and 1020 in IPR2014-00550) and corrected exhibits (Exhibits 1010
`and 1011 in both cases) address and resolve specific objections made by
`Patent Owners pursuant to 37 C.F.R. § 42.64(b)(1) on October 28, 2014,
`regarding clerical and typographical errors to Petitioner’s exhibits. Id. at 2.
`According to Petitioner, Patent Owner has reviewed the Petitioner’s
`proposed corrections and supplemental exhibits and agreed, in a
`communication dated November 19, 2014, that the proposed corrections
`resolve the clerical and typographical errors identified previously by Patent
`Owner. Id. Further, Petitioner explains that Patent Owner confirmed in a
`communication dated December 9, 2014, that it would not oppose the
`motions to correct these errors. Consistent with that assertion, Patent Owner
`has not filed an opposition to Petitioner’s motions.
`
`
`
`
`2 Paper numbers cited in this Order relate to both proceedings.
`2
`
`
`
`
`
`IPR2014-00549 (Patent 6,316,023 B1)
`IPR2014-00550 (Patent 6,335,031 B1)
`
`
`For these reasons, it is
`ORDERED that Petitioner’s Motions to Correct Petition and Exhibits
`are granted.
`
`
`PETITIONER:
`
`Steven J. Lee
`Michael K. Levy
`Christopher J. Coulson
`KENYON & KENYON LLP
`slee@kenyon.com
`mlevy@kenyon.com
`ccoulson@kenyon.com
`
`PATENT OWNER:
`
`Raymond R. Mandra
`Nicholas N. Kallas
`FITZPATRICK, CELLA, HARPER & SCINTO
`rmandra@fchs.com
`rkallas@fchs.com
`ExelonPatchIPR@fchs.com
`
`
`
`
`3
`
`
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