`Date Filed: September 1, 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.
`AND MYLAN PHARMACEUTICALS INC.,
`Petitioners
`
`v.
`
`NOVARTIS AG AND LTS LOHMANN THERAPIE-SYSTEME AG,
`Patent Owners
`
`Inter Partes Review No. 2014-005491 (U.S. Patent No. 6,316,023)
`Inter Partes Review No. 2014-005502 (U.S. Patent No. 6,335,031)3
`
`SECOND UPDATE TO PATENT OWNERS’ MANDATORY NOTICES
`PURSUANT TO PURSUANT TO 37 C.F.R. § 42.8(a)(3)
`
`1 Case IPR2015-00265 has been joined with this proceeding.
`2 Case IPR2015-00268 has been joined with this proceeding.
`3 Patent Owner attests that the word-for-word identical paper is filed in each
`proceeding identified in the heading.
`
`
`
`Pursuant to 37 C.F.R. § 42.8(a)(3), Novartis AG and LTS Lohmann Therapie-
`
`Systeme AG (“Patent Owners”) submit the following update to their April 23,
`
`2014 Mandatory Notices (Paper No. 6).
`
`Related Matters (37 C.F.R. § 42.8 (b)(2)): On August 31, 2015, the United States
`
`District Court for the District of Delaware held that the ’031 Patent is not invalid as
`
`obvious or for obviousness-type double patenting in Novartis v. Noven, C.A. Nos.
`
`13-527-RGA and 14-111-RGA, parallel District Court proceedings related to IPR
`
`Nos. 2014-00549 and 2014-00550. See Novartis Pharms. Corp., et al. v. Noven
`
`Pharmaceuticals, Inc., Nos. 13-527 and 14-111, slip op. at 4-19 (D. Del. Aug. 31,
`
`2015) (D.I. 176). The ’023 Patent challenged in IPR No. 2014-00549 is no longer
`
`at issue in those parallel District Court proceedings. Id. at 1.
`
`Dated: September 1, 2015
`
`Respectfully submitted,
`
`/s/ Raymond R. Mandra
`Raymond R. Mandra
`Registration No. 34,382
`FITZPATRICK, CELLA, HARPER
`& SCINTO
`1290 Avenue of the Americas
`New York, NY 10104-3800
`
`1
`
`
`
`CERTIFICATE OF SERVICE
`
`I certify that a copy of the foregoing SECOND UPDATE TO PATENT
`
`OWNERS’ MANDATORY NOTICE PURSUANT TO PURSUANT TO 37
`
`C.F.R. § 42.8(a)(3) was served on September 1, 2015 by causing it to be sent by
`
`email to counsel for Petitioners at the following email addresses:
`
`Steven J. Lee (slee@kenyon.com)
`
`Michael K. Levy (mlevy@kenyon.com)
`
`Chris Coulson (ccoulson@kenyon.com)
`
`Joseph M. Reisman (BoxMylan2@knobbe.com)
`
`Jay R. Deshmukh (BoxMylan2@knobbe.com)
`
`William R. Zimmerman (BoxMylan@knobbe.com)
`
`Dated: September 1, 2015
`
`/s/ 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
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