`571-272-7822
`
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`
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`
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` Paper 63
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`
`
` Entered: March 15, 2019
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APOTEX INC. and APOTEX CORP.,
`Petitioner,
`
`v.
`
`AMGEN INC. and AMGEN MANUFACTURING LIMITED,
`Patent Owner.
`____________
`
`Case IPR2016-01542
`Patent 8,952,138 B2
`____________
`
`
`
`Before JAMES T. MOORE, Administrative Patent Judge.
`
`
`
`ORDER
`Additional Briefing
`37 C.F.R. § 42.5(a)
`
`
`
`
`
`
`IPR2016-01542
`Patent 8,952,138 B2
`
`
`A Final Written Decision in this matter was rendered February 15,
`2018 in which we found claims 1-17 and 19-24 of the subject patent
`unpatentable. Paper 60. Apotex, Inc. and Apotex Corp. timely filed a
`Request for Rehearing under 37 C.F.R. § 42.71(d) on March 16, 2018.
`Paper 61 (“Req. Reh’g”). Familiarity with these papers is presumed.
`The grounds for rehearing relate to (1) the Board’s interpretation of
`the term “non-aerobic conditions” and (2) the Board’s conclusion that
`Petitioner had not shown that claim 18 was unpatentable. Id. at 1.
`Before we rule upon the request, additional briefing is required.
`First, Patent Owner is authorized an opposition to the request for
`rehearing within the page limits provided for by 37 C.F.R. § 42.24(b)(3).
`That opposition shall be filed within 10 business days of the date of this
`order.
`Second, Patent Owner is authorized a brief explaining the meaning it
`asserts for “non-aerobic conditions.” That brief shall be 5 pages long and
`filed within 10 business days of this order.
`Third, Petitioner is authorized a brief explaining the meaning of the
`term “non-aerobic conditions.” That brief shall be 5 pages long and filed
`within 10 business days of this order.
`No evidence not found within the record as it stands shall be proffered
`or permitted.
`
`
`
`
`
`
`2
`
`
`
`IPR2016-01542
`Patent 8,952,138 B2
`
`PETITIONER:
`Teresa Stanek Rea
`Deborah H. Yellin
`Vincent J. Galluzzo
`Michael Jacobs
`Shannon Lentz
`CROWELL & MORING LLP
`TRea@Crowell.com
`DYellin@Crowell.com
`VGalluzzo@Crowell.com
`mjacobs@crowell.com
`slentz@crowell.com
`
`PATENT OWNER
`Arlene L. Chow
`HOGAN LOVELLS US
`arlene.chow@hoganlovells.com
`
`Catherine Nyarady
`PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP
`cnyarady@paulweiss.com
`
`3
`
`
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