`571-272-7822
`
`Paper No. 35
`
`
`Entered: January 11, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`Pfizer, Inc.,
`Petitioner,
`
`v.
`
`GENENTECH, INC.,
`Patent Owner.
`____________
`
`Case IPR2017-01488
`Patent 6,407,213
`____________
`
`Before SHERIDAN K. SNEDDEN, ZHENYU YANG, and
`ROBERT A. POLLOCK, Administrative Patent Judges.
`
`POLLOCK, Administrative Patent Judge.
`
`ERRATUM
`
`Institution of Inter Partes Review
`37 C.F.R. § 42.108
`
`An error was made in the conclusory section (IV. ORDER) of the
`Board’s December 1, 2017 Decision (Paper 27) omitting claims 73, 74, and
`77 under 35 U.S.C. §103, otherwise identified as subject to institution of
`inter partes review.
`
`
`
`Case IPR2017-01488
`Patent No. 6,407,213
`
`In addition, the order commencing inter partes review incorrectly
`identified the patent at issue as “’158.” The following correction of the
`conclusory section corrects the errors contained in the Board’s Decision of
`December 1, 2017:
`
`IV. ORDER
`
`Accordingly, it is
`ORDERED that pursuant to 35 U.S.C. § 314, an inter partes review is
`hereby instituted on the following grounds:
`1. claims 1, 2, 25, 29, 63, 66, 67, 71, 72, 75, 76, 80, and 81, as
`anticipated by Kurrle;
`
`2. claims 1, 2, 4, 25, 29, 62–64, 66, 67, 69, 71, 72, 75, 76, 78,
`80, and 81, as obvious over the combination of Kurrle and
`Queen 1990;
`
`3. claims 1, 2, 4, 29, 62–64, 80, and 81 as anticipated by Queen
`1990;
`
`4. claim 12 as obvious over the combination of Kurrle, Queen
`1990, and Furey;
`
`5. claims 73 and 77 as obvious over the combination of Kurrle,
`Queen 1990, and Chothia & Lesk;
`
`6. claim 74 as obvious over the combination of Kurrle, Queen
`1990, and Chothia 1985;
`
`7. claims 65 and 79 as obvious over the combination of Kurrle,
`Queen 1990, Chothia & Lesk, and Chothia 1985;
`
`2
`
`
`
`Case IPR2017-01488
`Patent No. 6,407,213
`
`8. claims 30, 31, 33, and 42 as obvious over the combination of
`Queen 1990 and Hudziak;
`
`9. claim 42 as obvious over the combination of Queen 1990,
`Furey, and Hudziak; and
`
`10. claim 60 as obvious over the combination of Queen 1990,
`Chothia & Lesk, and Hudziak; and
`
`FURTHER ORDERED that no other ground of unpatentability is
`authorized in this inter partes review;
`FURTHER ORDERED that pursuant to 35 U.S.C. § 314(a), inter
`partes review of the ’213 patent is hereby instituted commencing on the
`entry date of this Order, and pursuant to 35 U.S.C. § 314(c) and 37 C.F.R. §
`42.4, notice is hereby given of the institution of a trial; and
`FURTHER ORDERED that the parties shall, within two weeks of the
`entry date of this Order, file a joint statement indicating which, if any,
`portions of this Decision are requested to remain sealed subject to the
`protective order entered in this case.
`
`3
`
`
`
`Case IPR2017-01488
`Patent No. 6,407,213
`
`PETITIONER:
`
`Amanda Hollis
`Stefan M. Miller
`Karen Younkins
`KIRKLAND & ELLIS LLP
`amanda.hollis@kirkland.com
`stefan.miller@kirkland.com
`karen.younkins@kirkland.com
`
`PATENT OWNER:
`
`David L. Cavanaugh
`Rebecca A. Whitfield
`Robert J. Gunther, Jr.
`Lisa J. Pirozzolo
`Andrew J. Danford
`Kevin S. Prussia
`WILMER CUTLER PICKERING HALE AND DORR LLP
`david.cavanaugh@wilmerhale.com
`Rebecca.Whitfield@wilmerhale.com
`Robert.Gunther@wilmerhale.com
`Lisa.Pirozzolo@wilmerhale.com
`Andrew.Danford@wilmerhale.com
`Kevin.Prussia@wilmerhale.com
`
`Adam R. Brausa
`Daralyn J. Durie
`DURIE TANGRI LLP
`abrausa@durietangri.com
`ddurie@durietangri.com
`
`4
`
`
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