`571-272-7822
`
` Paper 34
` Date: April 3, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MYLAN PHARMACEUTICALS INC., and
`and MYLAN LABORATORIES LIMITED,
`Petitioner,
`
`v.
`
`UCB PHARMA GMBH,
`Patent Owner.
`____________
`
`Case IPR2016-00510 (Patent 6,858,650 B1)1
`Case IPR2016-00512 (Patent 7,384,980 B2)
`Case IPR2016-00514 (Patent 7,855,230 B2)
`Case IPR2016-00516 (Patent 8,338,478 B2)
`Case IPR2016-00517 (Patent 7,985,772 B2)2
`____________
`
`Before KRISTINA M. KALAN, ROBERT A. POLLOCK, and
`MICHELLE N. ANKENBRAND, Administrative Patent Judges.
`
`Per curiam.
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`1 Petitioners Alembic Pharmaceuticals Limited from IPR2016-01596, Torrent
`Pharmaceuticals Limited from IPR2016-01636, and Amerigen
`Pharmaceuticals Limited from IPR2016-01665 have been joined as
`Petitioners to IPR2016-00510.
`2 We exercise our discretion to issue one order to be entered in all five cases.
`The parties are not authorized to use this style heading for subsequent papers
`without Board preapproval.
`
`
`
`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)
`
`
`On March 31, 2017, Petitioner contacted the Board via email to
`
`provide a courtesy copy of its demonstrative exhibits for the upcoming
`
`April 5, 2017 hearing in the above-captioned cases. See Paper 38, 3.3 At the
`
`bottom of the email, Petitioner’s backup counsel included the following
`
`paragraph: “Also, Mitchell Stockwell, lead counsel for Petitioners will not
`
`be able to attend the hearing. I will be presenting on behalf of the Petitioners
`
`and have been involved in this matter since the filing of the Petition.” Ex. A.
`
`Our Trial Hearing Order in these cases provides:
`
`The Board expects lead counsel for each party to be present in
`person at the oral hearing. However, any counsel of record may
`present the party’s argument. If either party expects that its
`lead counsel will not be attending the oral argument, the parties
`should initiate a joint telephone conference with the Board no
`later than two (2) business days prior to the oral hearing to
`discuss the matter.
`
`Paper 38, 4.
`
`Petitioner has indicated that its lead counsel will not be present at the
`
`oral hearing. The parties however, have not initiated a joint conference with
`
`the Board to discuss this matter, as required in our Trial Hearing Order. In
`
`view of the foregoing, Petitioner is required to file, no later than close of
`
`business (5:00 pm EST) on Tuesday, April 4, 2017, a paper explaining (a) the
`
`circumstances of lead counsel’s expected absence from the April 5, 2017
`
`
`3 Our references in this order are to the papers in IPR2016-00510.
`Substantially similar papers are on file in the remaining above-captioned
`cases.
`
`
`
`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)
`
`hearing; and (b) why the Board should not designate backup counsel as lead
`
`counsel in the above-captioned cases.
`
`
`
`It is:
`
`ORDERED that Petitioner shall file, no later than close of business
`
`(5:00 pm EST) on Tuesday, April 4, 2017, a paper explaining (a) the
`
`circumstances of lead counsel’s expected absence from the April 5, 2017
`
`hearing; and (b) why the Board should not designate backup counsel as lead
`
`counsel in the above-captioned cases.
`
`
`
`
`
`
`
`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)
`
`FOR PETITIONER:
`
`Mitchell G. Stockwell
`D. Clay Holloway
`Alyson L. Wooten
`KILPATRICK TOWNSEND & STOCKTON LLP
`mstockwell@kilpatricktownsend.com
`cholloway@kilpatricktownsend.com
`awooten@kilpatricktownsend.com
`
`FOR PATENT OWNER:
`
`Jeffrey J. Oelke
`Robert E. Counihan
`WHAITE & CASE LLP
`joelke@whitecase.com
`recounihan@whitecase.com
`
`
`
`
`
`4
`
`
`
`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)
`
`
`EXHIBIT A
`
`
`
`
`
`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)
`
`
`
`
`
`
`6
`
`
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