`571-272-7822 Entered: December 22, 2014
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`MYLAN INC., MYLAN TECHNOLOGIES INC.,
`and MYLAN PHARMACEUTICALS INC.
`Petitioner,
`
`v.
`
`NOVARTIS AG and LTS LOHMANN THERAPIE-SYSTEME AG,
`Patent Owner.
`____________
`
`Case IPR2015-00265 (Patent 6,316,023)
` Case IPR2015-00268 (Patent 6,335,031)1
`____________
`
`
`
`Before FRANCISCO C. PRATS, ERICA A. FRANKLIN, and
`SCOTT E. KAMHOLZ, Administrative Patent Judges.
`
`FRANKLIN, Administrative Patent Judge.
`
`
`
`CONFERENCE SUMMARY
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`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.
`
`
`
`IPR2015-00265 (Patent 6,316,023)
`IPR2015-00268 (Patent 6,335,031)
`
`
`
`A conference call regarding the captioned cases was held on
`
`
`
`
`
`December 17, 2014, between Mr. Joseph M. Reisman, Mr. Jay R.
`
`Deshmukh, counsel for Petitioner; Mr. Raymond R. Mandra and Mr.
`
`Nicholas N. Kallas, counsel for Patent Owner; and Administrative Patent
`
`Judges Prats, Franklin, and Kamholz.
`
`
`
`Petitioner filed Petitions in IPRs 2015-00265 and 00268 on November
`
`13, 2014. (Paper 1.) On the same date, Petitioner filed a Motion for Joinder
`
`(Paper 3) to which Patent Owner filed an Opposition (Paper 10). Petitioner
`
`requested this conference to discuss expediting Patent Owner’s Preliminary
`
`Response due date, currently set for March 9, 2015. Petitioner explained
`
`that because the Petitions address the same patent, grounds, and prior art as
`
`presented in previously filed IPRs 2014-00549 and -00550, instituted on
`
`October 14, 2014, the Preliminary Response should not require much effort
`
`and that it would be appropriate to expedite the due date to January 9, 2015.
`
`
`
`Patent Owner explained that they need time to consider additional
`
`discovery that recently has become available, along with other factors, to
`
`determine whether to prepare a Preliminary Response that differs from those
`
`filed in the earlier cases. Patent Owner also explained that they had relayed
`
`to Petitioner a willingness to expedite the submission of their Preliminary
`
`Response to February 18, 2015.
`
`
`
`After considering the positions of both the Petitioner and Patent
`
`Owner, we explained to the parties that Patent Owner’s willingness to
`
`submit their Preliminary Response on or before February 18, 2015, is
`
`reasonable and that we are not persuaded that good cause exists at this time
`
`to impose additional burdens on Patent Owner with respect to the timing of
`
`the Preliminary Response.
`
`
`
`2
`
`
`
`
`
`
`
`
`IPR2015-00265 (Patent 6,316,023)
`IPR2015-00268 (Patent 6,335,031)
`
`PETITIONER:
`
`Joseph Reisman
`2jmr@knobbe.com
`
`Jay Deshmukh
`2jrd@knobbe.com
`
`
`PATENT OWNER:
`
`Raymond Mandra
`rmandra@fchs.com
`
`Nicholas Kallas
`nkallas@fchs.com
`
`
`
`3
`
`
`
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