`571.272.7822
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`
`
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` Paper No. 15
`
` Entered: July 28, 2015
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`COALITION FOR AFFORDABLE DRUGS IV LLC,
`Petitioner,
`
`v.
`
`PHARMACYCLICS, INC.,
`Patent Owner.
`____________
`
`Case IPR2015-01076
`Patent 8,754,090 B2
`____________
`
`
`
`Before GRACE KARAFFA OBERMANN, SUSAN L. C. MITCHELL, and
`TINA E. HULSE, Administrative Patent Judges.
`
`HULSE, Administrative Patent Judge.
`
`
`
`
`ORDER
`Authorizing Patent Owner’s Motion for Sanctions
`37 C.F.R. § 42.12
`
`
`
`
`
`
`
`
`
`
`
`
`IPR2015-01076
`Patent 8,754,090 B2
`
`A conference call was held on July 27, 2015, among counsel for
`
`Petitioner Coalition for Affordable Drugs IV LLC (“Coalition”), counsel for
`
`Patent Owner Pharmacyclics, Inc. (“Pharmacyclics”), and Administrative
`
`Patent Judges Obermann, Mitchell, and Hulse.
`
`Pharmacyclics requested the conference call to seek authorization to
`
`file a motion for sanctions concurrently with its Preliminary Response.
`
`Pharmacyclics represented that the only sanctions it would seek in the
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`motion is dismissal of the Petition for improper use of the proceeding and
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`abuse of process under 37 C.F.R. § 12. Coalition opposed Pharmacyclics’s
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`request for authorization of the motion for various reasons stated during the
`
`call.
`
`Having considered both parties’ arguments, we authorized
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`Pharmacyclics to file a motion for sanctions to dismiss the Petition. We
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`emphasized that our authorization of the motion is not a determination on
`
`the merits of Pharmacyclics’s claims.
`
`We instructed the parties to address in their papers (1) the elements of
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`claims for abuse of process and improper use of the proceeding; (2) any
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`evidence of intent that supports or undercuts the allegations in the motion;
`
`and (3) the standard of proof that we should apply in deciding the motion.
`
`As for the briefing schedule, we ordered Pharmacyclics to file its
`
`motion on the same day as its Preliminary Response. Coalition may file an
`
`opposition to the motion ten business days after the motion. Pharmacyclics
`
`may then file a reply five business days after the opposition. The default
`
`page limits set forth in 37 C.F.R. § 42.24 shall apply to the motion, the
`
`opposition, and the reply.
`
`
`
`
`
`2
`
`
`
`IPR2015-01076
`Patent 8,754,090 B2
`
`In light of the foregoing, it is
`
`ORDERED that Pharmacyclics’s request for authorization to file a
`
`motion for sanctions is granted;
`
`FURTHER ORDERED that Pharmacyclics shall file the motion for
`
`sanctions on the same day as the Preliminary Response;
`
`FURTHER ORDERED that Coalition may file an opposition to the
`
`motion for sanctions no later than ten business days after filing of the
`
`motion;
`
`FURTHER ORDERED that Pharmacyclics may file a reply to the
`
`opposition to the motion for sanctions no later than five business days after
`
`filing of the opposition; and
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`FURTHER ORDERED that the default page limits set forth in
`
`37 C.F.R. § 42.24 shall apply to the motion, the opposition, and the reply.
`
`
`
`PETITIONER:
`
`Jeffrey Ward
`jward@merchantgould.com
`
`Jeffrey Blake
`jblake@merchantgould.com
`
`
`PATENT OWNER:
`
`John Desmarais
`pharmacyclicsiprservice@desmaraisllp.com
`
`Kevin McNish
`kmcnish@desmaraisllp.com
`
`
`3
`
`
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