Filed on behalf of:
`Mylan Pharmaceuticals Inc.
`Joseph M. Reisman
`Jay R. Deshmukh
`
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2040 Main Street, 14th Floor
`Irvine, CA 92614
`Fax: (949) 760-9502
`Ph.: (949) 760-0404
`E-mail: BoxMylan2@knobbe.com
`
`By:
`
`
`
`
`
`
`
`
`
`
`Filed: February 20, 2015
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________________________
`
`MYLAN PHARMACEUTICALS INC.,
`Petitioner
`
`v.
`
`NOVARTIS AG AND LTS LOHMANN THERAPIE-SYSTEME AG,
`Patent Owners
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Case No. IPR2015-00268
`Patent 6,335,031
`
`
`
`
`
`
`
`
`
`
`
`
`PETITIONER’S MOTION TO CORRECT EXHIBITS
`
`
`
`Mylan Pharmaceuticals Inc.
`Joseph M. Reisman
`Jay R. Deshmukh
`
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2040 Main Street, 14th Floor
`Irvine, CA 92614
`Fax: (949) 760-9502
`Ph.: (949) 760-0404
`E-mail: BoxMylan2@knobbe.com
`
`By:
`
`
`
`
`
`
`
`
`
`
`Filed: February 20, 2015
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________________________
`
`MYLAN PHARMACEUTICALS INC.,
`Petitioner
`
`v.
`
`NOVARTIS AG AND LTS LOHMANN THERAPIE-SYSTEME AG,
`Patent Owners
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Case No. IPR2015-00268
`Patent 6,335,031
`
`
`
`
`
`
`
`
`
`
`
`
`PETITIONER’S MOTION TO CORRECT EXHIBITS
`
`
`
`
`IPR2015-00268
`Mylan v. Novartis
`
`
`Petitioner Mylan Pharmaceuticals Inc. (“Mylan”) respectfully moves the
`
`Board for leave to submit corrected Exhibits 1007, 1010, 1011, 1019, and 1020,
`
`and a Corrected Exhibit List, as set forth below.
`
`BACKGROUND
`
`Pending before the Board are Mylan’s Petition for Inter Partes Review
`
`(Paper 1), and Motion for Joinder (Paper 3), both filed on November 13, 2014.
`
`Mylan requested to join IPR2014-00550, an IPR filed by Noven Pharmaceuticals,
`
`Inc. (“Noven”) on April 2, 2014, and instituted by the Board on October 14, 2014.
`
`Mylan’s Petition challenges the same claims of U.S. Patent No. 6,316,031, and is
`
`based on the same instituted grounds, and the same combinations of prior art
`
`considered by the Board in instituting trial in the Noven IPR. Patent Owners filed
`
`their Preliminary Response in IPR2014-00550 on February 18, 2015.
`
`On December 31, 2014, Noven filed a Petitioner’s Motion to Correct
`
`Petition and Exhibits (IPR2014-00550, Paper 21), to correct clerical and
`
`typographical errors in the Petition and the exhibits. Noven’s motion states that it
`
`obtained authorization from the Board to file its motion and that Patent Owners did
`
`not oppose the motion. (IPR2014-00550, Paper 21 at 2-3.)
`
`Mylan requests leave to submit the same corrected exhibits submitted by
`
`Noven: Exhibits 1007, 1010, 1011, 1019, and 1020. In Noven’s motion, it also
`
`requested authorization to correct errors in the Exhibit List of the Petition; Noven
`
`1
`
`
`
`IPR2015-00268
`Mylan v. Novartis
`
`never submitted a corrected Petition nor did Noven submit a corrected Exhibit List.
`
`Later, on January 20, 2015, Noven submitted an Exhibit List reflecting the
`
`requested corrections in a filing unrelated to its motion. Thus, Mylan also submits
`
`herewith a Corrected Exhibit List, rather than submitting the entire Petition.
`
`Mylan has provided the corrected exhibits and the Corrected Exhibit List to
`
`Patent Owners, and in a communication dated February 19, 2015, Patent Owners
`
`stated that they do not oppose a motion to correct the errors. Mylan sought Board
`
`authorization to file this unopposed motion, which was granted in an email from
`
`the Board on February 20, 2015.
`
`CORRECTED DOCUMENTS
`
`By this Motion, Mylan seeks to correct the following clerical and
`
`typographical errors:
`
`Exhibit List
`
`In IPR2014-00550, Noven requested permission to correct errors in the
`
`Exhibit List of its Petition. Mylan seeks to correct these same errors and does so
`
`by submitting a corrected Exhibit List as a separately filed paper. The following
`
`corrections have been made in Mylan’s Corrected Exhibit List:
`
`(1)
`
`The Petition Exhibit List (page v) incorrectly refers to Ex. 1007 as
`
`“Carey & Sundberg, ADVANCED ORGANIC CHEMISTRY, 2nd ed. Part A:
`
`Structure and Mechanism, Plenum Press, New York, 1984, pp. 652.” The correct
`
`2
`
`
`
`IPR2015-00268
`Mylan v. Novartis
`
`citation is “Carey & Sundberg, Advanced Organic Chemistry, Part A: Structure and
`
`Mechanism, 3rd Edition (Plenum Press, NY), pp. 651-727 (1990).”
`
`(2)
`
`The Petition Exhibit List (page vi) incorrectly refers to Ex. 1017 as
`
`“Ho- Leung Fung, Chapter 7 – Chemical Kinetics and Drug Stability in MODERN
`
`PHARMACEUTICS (G.S. Banker and C.T. Rhodes, eds.), Marcel Dekker, NY
`
`(1978), pp. 227-62.” The correct citation is “Ho-Leung Fung, Chapter 7 – Chemical
`
`Kinetics and Drug Stability in MODERN PHARMACEUTICS (G.S. Banker and
`
`C.T. Rhodes, eds.), Marcel Dekker, NY (1979), pp. 227-62.”
`
`(3)
`
`The Petition Exhibit List page vi incorrectly refers to Ex. 1021 as
`
`“Linnell, R.H., The Oxidation of Nicotine. I. Kinetics of the Liquid Phase Reaction
`
`Near Room Temperature. Tobacco Science, Vol. 4, pp. 89–90 (1960).” The correct
`
`citation is “Linnell, R.H., The Oxidation of Nicotine. I. Kinetics of the Liquid
`
`Phase Reaction Near Room Temperature. Tobacco Science, Vol. 4, pp. 89–91
`
`(1960).”
`
`Exhibit 1010
`
`To correct the following clerical error in paragraph 26 of Exhibit 1010
`
`(Declaration of Agis Kydonieus, Ph.D), Mylan provides Corrected Exhibit 1010,
`
`which now includes a Supplemental Declaration of Agis Kydonieus, Ph.D. dated
`
`November 11, 2014, appended to the original Exhibit 1010, identifying the
`
`following correction:
`
`3
`
`
`
`IPR2015-00268
`Mylan v. Novartis
`
`
`Page 15, paragraph 26: change “(Ex. 1012 at 1; Ex. 1014 at 3.)” to “(Ex.
`
`1012 at 1; Ex. 1013 at 3.)”
`
`See Corrected Exhibit 1010 at 48-49.
`
`Exhibit 1011
`
`To correct the following clerical errors in Exhibit 1011 paragraphs 9, 14, 31,
`
`47, and 48 of Exhibit 1011 (Declaration of Christian Schöneich, Ph.D.), Mylan
`
`provides Corrected Exhibit 1011, which now includes a Supplemental Declaration
`
`of Christian Schöneich, Ph.D. dated November 11, 2014, appended to the original
`
`Exhibit 1011, identifying the following corrections:
`
`(1)
`
`On pages 4 (paragraph 9) and 13-14 (paragraph 31), Ex. 1007 is
`
`incorrectly referred
`
`to as “Carey & Sundberg, ADVANCED ORGANIC
`
`CHEMISTRY, 2nd ed. Part A: Structure and Mechanism, Plenum Press, New
`
`York, 1984, pp. 652.” The correct language is “Carey & Sundberg, Advanced
`
`Organic Chemistry, Part A: Structure and Mechanism, 3rd Edition (Plenum Press,
`
`NY), pp. 651-727 (1990).”
`
`(2)
`
`On pages 5 (paragraph 9) and 19 (paragraph 48), Ex. 1021 is
`
`incorrectly referred to as “Linnell, R.H., The Oxidation of Nicotine. I. Kinetics of
`
`the Liquid Phase Reaction Near Room Temperature. Tobacco Science, Vol. 4, pp.
`
`89–90 (1960).” The correct citation is “Linnell, R.H., The Oxidation of Nicotine. I.
`
`Kinetics of the Liquid Phase Reaction Near Room Temperature. Tobacco Science,
`
`4
`
`
`
`IPR2015-00268
`Mylan v. Novartis
`
`Vol. 4, pp. 89–91 (1960).”
`
`(3)
`
`On pages 4 (paragraph 9) and 8 (paragraph 14), Ex. 1017 is
`
`incorrectly referred to as “Ho-Leung Fung, Chapter 7 – Chemical Kinetics and
`
`Drug Stability in MODERN PHARMACEUTICS (G.S. Banker and C.T. Rhodes,
`
`eds.), Marcel Dekker, NY (1978), pp. 227-62.” The correct citation is “Ho-Leung
`
`Fung, Chapter 7 – Chemical Kinetics and Drug Stability in MODERN
`
`PHARMACEUTICS (G.S. Banker and C.T. Rhodes, eds.), Marcel Dekker, NY
`
`(1979), pp. 227-62.”
`
`(4)
`
`On page 19, paragraph 47, the Boccardi reference is incorrectly cited
`
`as “Exhibit 1020” and should be “Exhibit 1019.”
`
`See Corrected Exhibit 1011 at 35-37.
`
`Exhibit 1007
`
`Certain pages of Exhibit 1007 have underlined text. While the text is not
`
`obscured, Mylan provides a clean replacement copy of Exhibit 1007.
`
`Exhibit 1019 and 1020
`
`Mylan is providing a replacement Exhibit 1019, which contains the correct
`
`cover page, and a replacement Exhibit 1020 that has the cover pages for that 1954
`
`journal article.
`
`5
`
`
`
`IPR2015—00268
`
`Mylan v. Novartis
`
`The above-listed corrections address clerical and typographical errors, and
`
`do not affect the opinions and arguments set forth in the petition or expert
`
`declarations.
`
`Respectfully submitted,
`
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`
`
`
` seph M. Reisman
`
`eg. No. 43,878
`Customer No. 20,995
`
`Attorneys for Petitioner
`MYLAN PHARMACEUTICALS INC.
`
`(949) 760—0404
`
`
`
`IPR2015—00268
`
`Mylan v. Novartis
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that
`
`a true
`
`and correct
`
`copy of
`
`the
`
`foregoing
`
`PETITIONER’S MOTION TO CORRECT EXHIBITS is being served on
`
`February 20, 2015, Via email pursuant to 37 C.F.R. § 42.6(e) per agreement of the
`
`parties, to counsel for Novartis AG and LTS Lohmann Therapie-Systeme AG at
`
`the address below:
`
`ExelonPatchIPR@fchs.com
`
`Raymond R. Mandra
`Fitzpatrick, Cella, Harper & Scinto
`1290 Avenue of the Americas
`
`New York, NY 10104
`
`19833534
`
`
`
`oseph M. Reisman, Reg. No. 43,878
`Attorney for Petitioner
`Mylan Pharmaceuticals Inc.
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
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.
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.
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
