`571.272.7822
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` Paper No. 21
` Entered: February 23, 2018
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`WATSON LABORATORIES, INC.
`Petitioner,
`v.
`UNITED THERAPEUTICS, CORP.
`Patent Owner.
`____________
`
`Case IPR2017-01621 and IPR2017-01622
`Patents 9,358,240 B2 and 9,339,507 B2
`____________
`
`
`Before LORA M. GREEN, ERICA A. FRANKLIN, and DAVID COTTA,
`Administrative Patent Judges.
`
`COTTA, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceedings
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`
`
`
`IPR2017-01621 (Patent 9,358,240 B2)
`IPR2017-01622 (Patent 9,339,507 B2)
`
`
` ANALYSIS
`On January 25, 2018, United Therapeutics Corp. (“Patent Owner”)
`filed a Request for Rehearing of our decisions instituting inter partes review
`of claims 1–9 of U.S. Patent No. 9,358,240 and of claims 1‒9 of U.S. Patent
`No. 9,339,507 B2 in connection with IPR2017-01621 and IPR2017-01622.
`On February 19, 2018, and with Board authorization (Paper 17 in IPR2017-
`01621 and Paper 16 in IPR 2017-01622), Watson Laboratories, Inc.
`(“Petitioner”) filed a Response to Patent Owner’s Request for Rehearing.
`On February 22, 2018, the Board received an email in which Patent Owner
`requested the opportunity to file a reply. Ex. 3003. In that email, Patent
`Owner represented that it had conferred with counsel for Petitioner and
`Petitioner did not oppose its request. Id. In an email dated February 23,
`2018 we authorized Patent Owner to file a five (5) page Reply to be filed no
`later than February 28, 2018. Id. We also stated that we would issue an
`order to that effect in due course. Id.
`II. ORDER
`In consideration of the foregoing and in view of our email to the
`parties of February 23, 2018, it is hereby ORDERED that Patent Owner is
`authorized to file a Reply of not more than five (5) pages to Petitioner’s
`Response to Patent Owner’s Request for Rehearing in IPR2017-01621 and
`IPR2017-01622. Patent Owner’s Reply shall be filed no later than February
`28, 2018.
`
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`
`
`2
`
`
`
`IPR2017-01621 (Patent 9,358,240 B2)
`IPR2017-01622 (Patent 9,339,507 B2)
`
`PETITIONER:
`Michael K. Nutter
`Andrew R. Sommer
`WINSTON & STRAWN LLP
`mnutter@winston.com
`asommer@winston.com
`
`PATENT OWNER:
`Stephen B. Maebius
`George Quillin
`FOLEY & LARDNER LLP
`smaebius@foley.com
`gquillin@foley.com
`
`Shaun R. Snader
`UNITED THERAPEUTICS CORP.
`ssnader@unither.com
`
`Douglas Carsten
`Richard Torczon
`Robert Delafield
`Veronica Ascarrunz
`WILSON, SONSINI, GOODRICH & ROSATI
`dcarsten@wsgr.com
`rtorczon@wsgr.com
`bdelafield@wsgr.com
`vascarrunz@wsgr.com
`
`3
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`