`Tel: 571-272-7822
`
`
`
`Paper 28
` 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
`Patent Owner’s Motions to File Corrected Patent Owner’s Response,
`Corrected and Supplemental Exhibits, and Corrected Exhibit List
`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, Patent Owner moves to file a
`corrected Patent Owner’s Response (Paper 25), corrected Exhibits 2012,
`2023, 2035, 2044, 2050, 2051, supplemental Exhibit 2054, and an amended
`Patent Owner’s Exhibit List 3 (Paper 24) in IPR2014-00549 and IPR2014-
`00550. Paper 26.2 In the motions, Patent Owner describes each clerical or
`typographical error in the Patent Owner’s Response and exhibits, along with
`the proposed correction for each error that it seeks to address. Id. at 2–5.
`Patent Owner explains in the motions that the proposed corrections,
`including Corrected Exhibit 2012 (supplemental declaration of Alexander
`M. Klibanov, Ph.D. correcting typographical errors ), Supplemental Exhibit
`2054 (authenticating Ex. 2047), and Replacement Exhibits 2023, 2035,
`2044, 2050, 2051 address and resolve specific objections made by Petitioner
`pursuant to 37 C.F.R. § 42.64(b)(1) on January 27, 2015. Id. at 1.
`Additionally, the motion proposes a correction of the exhibit referenced on
`pages 21 and 24 of the Patent Owner’s Response (Paper 25). Id. at 1–2.
`According to Patent Owner, Petitioner has reviewed Patent Owner’s
`proposed corrections and exhibits, and has agreed, in a communication dated
`February 18, 2015, that these resolve the defects to which they were
`addressed and identified previously by Petitioner. Id. at 1. Further, Patent
`Owner explains that Petitioner has confirmed that it does not oppose the
`motions to correct these defects and the mistaken exhibit referenced in the
`Patent Owner’s Response. Id. at 1–2. Consistent with this assertion,
`Petitioner has not filed an opposition to Patent Owner’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 Patent Owner’s Motions to Correct Patent Owner’s
`Response, Corrected and Supplemental Exhibits, and Corrected Exhibit List
`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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