`571-272-7822
`
`Paper 97
`Entered: August 12, 2020
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`LABORATOIRE FRANCAIS DU FRACTIONNEMENT ET DES
`BIOTECHNOLOGIES S.A.,
`Petitioner,
`
`v.
`
`NOVO NORDISK HEALTHCARE AG,
`Patent Owner.
`____________
`
`IPR2017-00028
`Patent 9,102,762 B2
`____________
`
`Before ERICA A. FRANKLIN, SUSAN L. C. MITCHELL, and
`CHRISTOPHER G. PAULRAJ, Administrative Patent Judges.
`
`PAULRAJ, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceeding
`Authorizing Briefing on Motion to Terminate or Dismiss this Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`IPR2017-00028
`Patent 9,102,762 B2
`
`
`On August 5, 2020, we held a conference call in which counsel for
`Petitioner, counsel for Patent Owner, and the judges of this panel participated. The
`purpose of the call was to discuss Petitioner’s request to file a motion to terminate
`or dismiss this proceeding on the basis that it is has exceeded the statutory and
`regulatory time limits for completion. A court reporter was present on the call, and
`we instructed Petitioner’s counsel to enter the transcript of the call into the record
`once it is available.
`Upon consideration of the positions articulated during the call, we authorize
`Petitioner to file the requested motion. In the authorized motion, Petitioner shall
`specify clearly the particular relief requested (termination or dismissal) and the
`basis for its contention that we have exceeded the statutory and regulatory time
`limits for completion of this proceeding on rehearing. Patent Owner is authorized
`to file an opposition to Petitioner’s motion. No further briefing is authorized, nor
`is the submission of new evidence authorized.
`Accordingly, it is:
`ORDERED that Petitioner is authorized to file a Motion to Terminate or
`Dismiss this proceeding; such Motion shall be limited to 15 pages and filed no
`later than August 26, 2020;
`FURTHER ORDERED that Patent Owner is to file an Opposition to
`Petitioner’s Motion; such Opposition shall be limited to 15 pages and filed no later
`September 23, 2020.
`
`
`
`
`2
`
`
`
`IPR2017-00028
`Patent 9,102,762 B2
`
`For Petitioner:
`
`George Quillin
`gquillin@foley.com
`
`Michael Houston
`mhouston@foley.com
`
`Jason Mock
`jmock@foley.com
`
`For Patent Owner:
`
`Jeffrey Oelke
`joelke@fenwick.com
`
`
`
`
`3
`
`
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