`571-272-7822
`
`Paper 29
`Date: May 23, 2017
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_____________
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`DERMIRA, INC.,
`Petitioner,
`
`v.
`
`PUREPHARM, INC.,
`Patent Owner.
`____________
`
`Case IPR2015-01594
`Patent 8,252,316 B2
`____________
`
`Before LORA M. GREEN, DEBORAH KATZ, and ZHENYU YANG,
`Administrative Patent Judges.
`
`YANG, Administrative Patent Judge.
`
`
`ORDER
`Lifting Stay of Examination of Reissue Application No. 15/148,510
`35 U.S.C. § 315(d) and 37 C.F.R. §§ 42.3, 42.122
`
`
`
`
`
`
`
`
`
`
`
`IPR2015-01594
`Patent 8,252,316 B2
`
`
`On January 7, 2016, the Board instituted an inter partes review of claims 1–
`
`8 of U.S. Patent No. 8,252,316 B2. Paper 6. On May 6, 2016, Purepharm, Inc.
`
`(“Patent Owner”) filed reissue application 15/148,510 (“the ’510 reissue
`
`application”) for the ’316 patent. Paper 23. On June 7, 2016, the Board issued an
`
`order, staying examination of the ’510 reissue application pending the completion
`
`or termination of this proceeding. Paper 24.
`
`On December 27, 2016, the panel entered a Final Written Decision holding
`
`that Petitioner has shown by a preponderance of the evidence that claims 1–3 and
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`5–8 of the ’316 patent are unpatentable, but has failed to meet its burden of proof
`
`regarding the unpatentability of claim 4. Paper 28.
`
` A party dissatisfied with a final decision of the Board may file a request for
`
`rehearing, but must do so within 30 days of the entry of a final decision. 37 C.F.R.
`
`§ 42.71(d)(2). In addition, a party dissatisfied with a final decision of the Board
`
`may appeal the Board’s decision to the United States Court of Appeals for the
`
`Federal Circuit. 35 U.S.C. § 141. When doing so, the party must file the notice of
`
`appeal “no later than sixty-three (63) days after the date of the final Board
`
`decision.” 37 C.F.R. § 90.3(a)(1). The deadlines for filing the request for
`
`rehearing and notice of appeal have expired. Neither party has filed such a request
`
`or appeal. Thus, this proceeding is completed and it is now appropriate to lift the
`
`stay of examination of the ’510 reissue application.
`
`ORDER
`
`Accordingly, it is
`
`ORDERED that the stay of examination of reissue application 15/148,510 is
`
`hereby lifted;
`
`FURTHER ORDERED that time periods for filing papers in reissue
`
`application 15/148,510 are restarted.
`
`2
`
`
`
`IPR2015-01594
`Patent 8,252,316 B2
`
`PETITIONER:
`
`Matthew Smith
`smith@turnerboyd.com
`
`Keeley Vega
`vega@turnerboyd.com
`
`
`PATENT OWNER
`
`Christopher Brody
`cbrody@clarkbrody.com
`
`
`
`3
`
`
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