Trials@uspto.gov
`571-272-7822
`
`
`
`
` Paper: 51
` Entered: May 17, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`WATSON LABORATORIES, INC.
`Petitioner,
`v.
`UNITED THERAPEUTICS CORP.
`Patent Owner.
`____________
`
`Cases IPR2017-01621 and IPR 2017-01622
`Patents 9,358,240 B2 and 9,339,507 B2
`____________
`
`
`Before TONI R. SCHEINER, ERICA A. FRANKLIN, and DAVID
`COTTA, Administrative Patent Judges.
`
`COTTA, Administrative Patent Judge.
`
`
`
`MODIFIED SCHEDULING ORDER
`
`
`571-272-7822
`
`
`
`
` Paper: 51
` Entered: May 17, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`WATSON LABORATORIES, INC.
`Petitioner,
`v.
`UNITED THERAPEUTICS CORP.
`Patent Owner.
`____________
`
`Cases IPR2017-01621 and IPR 2017-01622
`Patents 9,358,240 B2 and 9,339,507 B2
`____________
`
`
`Before TONI R. SCHEINER, ERICA A. FRANKLIN, and DAVID
`COTTA, Administrative Patent Judges.
`
`COTTA, Administrative Patent Judge.
`
`
`
`MODIFIED SCHEDULING ORDER
`
`
`
`IPR2017-01621 (Patent 9,358,240 B2)
`IPR2017-01622 (Patent 9,339,507 B2)
`
`This order modifies the due dates set forth in the Board’s January 11,
`2018 Scheduling Order to allow the parties the opportunity to respond to and
`address issues raised by the Board’s April 30, 2018 Order (“SAS Order”)
`modifying our institution decision to include review of all challenged claims
`and all grounds presented in the Petition.1 The parties may stipulate to
`different dates for DUE DATES 1 through 5 (earlier or later, but no later
`than DUE DATE 6). A notice of the stipulation, specifically identifying the
`changed due dates, must be promptly filed. The parties may not stipulate to
`an extension of DUE DATES 6 and 7. In addition, even if the parties
`stipulate to an extension of DUE DATE 4, any request for oral hearing must
`still be filed on or before the date set forth in this Order, to provide sufficient
`time for the Board to accommodate the hearing.
`In stipulating to different times, the parties should consider the effect
`of the stipulation on times to object to evidence (37 C.F.R. § 42.64(b)(1)), to
`supplement evidence (37 C.F.R. § 42.64(b)(2)), to conduct cross-
`examination (37 C.F.R. § 42.53(d)(2)), and to draft papers depending on the
`evidence and cross-examination testimony (see section B, below).
`The parties are reminded that the Testimony Guidelines appended to
`the Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,772
`(Aug. 14, 2012) (Appendix D), apply to this proceeding. The Board may
`impose an appropriate sanction for failure to adhere to the Testimony
`Guidelines. 37 C.F.R. § 42.12. For example, reasonable expenses and
`
`
`
` 1
`
` On Thursday May 10, 2018 in advance of a conference call to discuss
`scheduling changes necessitated by the SAS Order, the parties emailed the
`Board to provide an agreed upon schedule. Ex. 3008. Due Dates 1–5 set
`forth herein are identical to those proposed by the parties in that schedule.
`
`2
`
`
`
`
`
`IPR2017-01621 (Patent 9,358,240 B2)
`IPR2017-01622 (Patent 9,339,507 B2)
`
`attorneys’ fees incurred by any party may be levied on a person who
`impedes, delays, or frustrates the fair examination of a witness.
`
`1. DUE DATE 1 A
`The patent owner may file—
`a.
`A supplemental response to the petition not to exceed 5000
`words. The supplemental response shall address only grounds not addressed
`in the patent owner’s response filed on April 27, 2018 (37 C.F.R. § 42.120),
`and
`
`A motion to amend the patent (37 C.F.R. § 42.121).
`b.
`The patent owner must file any such supplemental response or motion
`to amend by DUE DATE 1A.
`
`2. DUE DATE 2
`The petitioner must file any reply to the patent owner’s response and
`patent owner’s supplemental response and opposition to the motion to
`amend by DUE DATE 2. Petitioner’s reply shall not exceed 7600 words.
`
`3. DUE DATE 3
`The patent owner must file any reply to the petitioner’s opposition to
`patent owner’s motion to amend by DUE DATE 3.
`
`4. DUE DATE 4
`a.
`Each party must file any motion for an observation on the
`cross-examination testimony of a reply witness (see section C, below) by
`DUE DATE 4.
`
`
`
`
`3
`
`
`
`IPR2017-01621 (Patent 9,358,240 B2)
`IPR2017-01622 (Patent 9,339,507 B2)
`
`
`Each party must file any motion to exclude evidence (37 C.F.R
`b.
`§ 42.64(c)) and any request for oral argument (37 C.F.R. § 42.70(a)) by
`DUE DATE 4.
`
`5. DUE DATE 5
`a.
`Each party must file any response to an observation on cross-
`examination testimony by DUE DATE 5.
`b.
`Each party must file any opposition to a motion to exclude
`evidence by DUE DATE 5.
`
`6. DUE DATE 6
`Each party must file any reply for a motion to exclude evidence by
`DUE DATE 6.
`
`7. DUE DATE 7
`The oral argument (if requested by either party) is set for DUE
`DATE 7.
`
`
`
`
`4
`
`
`
`IPR2017-01621 (Patent 9,358,240 B2)
`IPR2017-01622 (Patent 9,339,507 B2)
`
`
`DUE DATE APPENDIX
`
`DUE DATE 1A ........................................................................... July 11, 2018
`Patent owner’s supplemental response to the petition
`Patent owner’s motion to amend the patent
`
`DUE DATE 2 .............................................................................. Sep. 7, 2018
`Petitioner’s reply to patent owner’s response to petition
`Petitioner’s opposition to motion to amend
`
`DUE DATE 3 ............................................................................. Sep. 28, 2018
`Patent owner’s reply to petitioner’s opposition to motion to amend
`
`DUE DATE 4 .............................................................................. Oct. 12, 2018
`Motion for observation regarding cross-examination of reply witness
`Motion to exclude evidence
`Request for oral argument
`
`DUE DATE 5 ............................................................................. Oct. 26, 2018
`Response to observation
`Opposition to motion to exclude
`
`DUE DATE 6 .............................................................................. Nov. 9, 2018
`Reply to opposition to motion to exclude
`
`DUE DATE 7 ........................................................................... Nov. 20, 2018
`Oral argument (if requested)
`
`
`
`
`
`
`
`
`5
`
`
`
`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
`
`
`
`
`
`
`6
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
