throbber
Trials@uspto.gov
`571.272.7822
`
`Paper 11
`Entered: May 27, 2016
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`MYLAN PHARMACEUTICALS INC. and
`MYLAN LABORATORIES LIMITED,
`Petitioner,
`
`v.
`
`UCB PHARMA GMBH,
`Patent Owner.
`_______________
`
`Cases
`IPR2016-00510 (Patent 6,858,650 B1)
`IPR2016-00512 (Patent 7,384,980 B2)
`IPR2016-00514 (Patent 7,855,230 B2)
`IPR2016-00516 (Patent 8,338,478 B2)
`IPR2016-00517 (Patent 7,985,772 B2)
`_______________
`
`
`
`Before RAMA G. ELLURU, KRISTINA M. KALAN, and
`ROBERT A. POLLOCK,
`Administrative Patent Judges.
`
`ELLURU, Administrative Patent Judge.
`ORDER
`Conduct of the Proceedings
`37 C.F.R. § 42.5
`
`

`

`IPR2016-00510 (Patent 6,858,650 B1)
`IPR2016-00512 (Patent 7,384,980 B2)
`IPR2016-00514 (Patent 7,855,230 B2)
`IPR2016-00516 (Patent 8,338,478 B2)
`IPR2016-00517 (Patent 7,985,772 B2)
`
`Mylan Pharmaceuticals Inc. and Mylan Laboratories Limited
`
`(“Petitioner”) requests, via a May 20, 2016, e-mail to the Board, permission
`to file a five-page reply to UCB Pharma GMBH’s (“Patent Owner”)
`Preliminary Responses in IPR2016-00510, IPR2016-00512, IPR2016-
`00514, IPR2016-00516, and IPR2016-00517. Petitioner alleges that Patent
`Owner’s Preliminary Responses filings include “two material misstatements
`of the record for which Petitioners respectfully request a brief reply pursuant
`to 37 C.F.R. §42.108(c) to address them.” Petitioner cites the following
`papers: “Compare, e.g., IPR2016-00510, Paper 9, pp. 3, 14-17, with Paper 1,
`pp. 8-9, 23-25; Exh. 1009, pp. 2, 3, 5, 7; Exh. 1011, pp. 8, 10. The same
`issue is present in each of the above-referenced IPRs. See, IPR2016-00512,
`Paper 9, pp. 3, 12-15; IPR2016-00514, Paper 9, pp. 2-3, 12-15; IPR2016-
`00516, Paper 9, pp. 2-3, 12-16; and IPR2016-00517, Paper 9, pp. 2-3, 11-
`16.” Petitioner also cites to the following papers: “Compare, e.g., IPR2016-
`00510, Paper 9, pp. 3, 19-21, with Paper 1, pp. 9-10, 18, 26, 29, 44; Exh.
`1011, p. 10. The same issue is present in each of the above-referenced
`IPRs. See, IPR2016-00512, Paper 9, pp. 3, 16-19; IPR2016-00514, Paper 9,
`pp. 3, 16-19; IPR2016-00516, Paper 9, pp. 3, 16-19; and IPR2016-00517,
`Paper 9, pp. 3, 16-19.”
`
`We deny Petitioner’s request to file replies to the preliminary
`responses. If we determine replies are necessary upon further review of the
`records in these cases, the Board will notify the parties.
`
`
`
`
`
`2
`
`
`
`

`

`IPR2016-00510 (Patent 6,858,650 B1)
`IPR2016-00512 (Patent 7,384,980 B2)
`IPR2016-00514 (Patent 7,855,230 B2)
`IPR2016-00516 (Patent 8,338,478 B2)
`IPR2016-00517 (Patent 7,985,772 B2)
`
`IT IS:
`
`ORDERED that Petitioner’s request to file replies to the Patent Owner
`Preliminary Responses in IPR2016-00510, IPR2016-00512, IPR2016-
`00514, IPR2016-00516, and IPR2016-00517 is denied.
`
`
`
`3
`
`

`

`IPR2016-00510 (Patent 6,858,650 B1)
`IPR2016-00512 (Patent 7,384,980 B2)
`IPR2016-00514 (Patent 7,855,230 B2)
`IPR2016-00516 (Patent 8,338,478 B2)
`IPR2016-00517 (Patent 7,985,772 B2)
`
`PETITIONER:
`Mitchell Stockwell
`Clay Holloway
`Alyson L. Wooten
`mstockwell@kilpatricktownsend.com
`cholloway@kilpatricktownsend.com
`awooten@kilpatricktownsend.com
`
`
`PATENT OWNER:
`Jeffrey Oelke
`Robert Counihan
`joelke@whitecase.com
`rcounihan@whitecase.com
`
`
`
`
`
`
`
`
`
`4
`
`

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