`
`Paper No. ____
`Date filed: February 20, 2018
`
`
`
`
`
`
`Filed On Behalf Of:
`
`Novartis Pharmaceuticals Corporation
`
`By:
`
`Nicholas N. Kallas
`NKallas@fchs.com
`ZortressAfinitorIPR@fchs.com
`(212) 218-2100
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`WEST-WARD PHARMACEUTICALS INTERNATIONAL LIMITED,
`Petitioner,
`
`v.
`
`NOVARTIS PHARMACEUTICALS CORPORATION,
`Patent Owner.
`
`
`
`Case IPR2018-00507
`Patent 8,410,131
`
`
`
`
`PATENT OWNER NOVARTIS’S RESPONSE TO
`PETITIONER WEST-WARD’S MOTION FOR JOINDER
`
`
`
`
`
`
`
`
`
`Patent Owner Novartis Pharmaceuticals Corporation (“Novartis”) does not
`
`oppose the January 17, 2018 joinder motion of West-Ward Pharmaceuticals
`
`International Limited (“West Ward”) on the conditions regarding the conduct of
`
`the joint proceeding set forth in West-Ward’s joinder motion: (i) Ward-Ward will
`
`act as a silent understudy in the joint proceeding for so long as the Petitioner
`
`Breckenridge Pharmaceutical, Inc. (“Breckenridge”) in Breckenridge
`
`Pharmaceutical, Inc. v. Novartis Pharmaceuticals Corporation, IPR2017-01592
`
`(the “Breckenridge IPR”) is in the joint proceeding; (ii) West-Ward consents to
`
`consolidated filings for all substantive papers, not exceeding the normal word
`
`count or page limits for a single party as set forth in the rules, and agrees that
`
`West-Ward will not file, or request to file, any separate briefs beyond the
`
`consolidated filings in the joint proceeding; (iii) West-Ward consents to
`
`consolidated discovery in the joint proceeding and agrees that West-Ward will not
`
`request additional cross-examination or redirect time; and (iv) unless the
`
`Breckenridge IPR has been terminated with respect to Breckenridge, West-Ward
`
`agrees that Breckenridge will be responsible for the oral argument presentation
`
`before the Board and West-Ward will not request any additional time to
`
`independently argue before the Board or attempt to submit its own demonstratives.
`
`(Paper 3 at 7-10.)
`
`
`
`1
`
`
`
`Novartis respectfully requests that the Board order West-Ward to comply
`
`with the aforementioned conditions in the joint proceeding. Precedent exists for
`
`those limitations. See, e.g., Bungie, Inc. v. Acceleration Bay, LLC, IPR2016-00934,
`
`Paper 11 (July 8, 2016) at 13-14 (granting Bungie’s motion for joinder, ordering
`
`that petitioners consolidate all briefing under the page limits of 37 C.F.R. § 42.24,
`
`and ordering that Bungie not file any additional pages to address points of
`
`disagreement with the Activision petitioners without first moving for and obtaining
`
`the Board’s permission); ZTE USA, Inc. v. Evolved Wireless LLC, IPR2016-01280,
`
`Paper 8 (Dec. 21, 2016) at 4 (consolidating identical IPR petitions sua sponte, and
`
`ordering that petitioners “will share all time permitted for depositions and will file
`
`all papers, except for papers that do not involve the other petitioner, as a
`
`consolidated paper, and that consolidated papers will not be given additional pages
`
`or words unless otherwise authorized by the Board.”). Cf. Teva Pharms. USA, Inc.
`
`v. Viiv Healthcare Co., IPR2015-00550, Paper 11 (June 25, 2015) at 6 (denying
`
`joinder where joinder raised the prospect that the parties and the Board would have
`
`to manage burdensome additional pages of briefing); Famy Care Ltd v. Allergan,
`
`Inc., IPR2017-00566, Paper 12 (July 12, 2017) at 9-10 (denying joinder where
`
`petitioner did not concede to taking a “silent understudy” role).
`
`
`
`
`
`
`
`2
`
`
`
`Respectfully submitted,
`
`
`Dated: February 20, 2018
`
`/ Nicholas N. Kallas /
`Nicholas N. Kallas
`Registration No. 31,530
`Lead Counsel for Patent Owner
`FITZPATRICK, CELLA, HARPER
`& SCINTO
`1290 Avenue of the Americas
`New York, NY 10104-3800
`Tel. 212-218-2100
`
`
`
`
`
`3
`
`
`
`CERTIFICATE OF SERVICE
`
`
`
`I certify that a copy of Patent Owner Novartis’s Response To Petitioner
`
`West-Ward’s Motion For Joinder was served on February 20, 2018 by causing it to
`
`be sent by email to counsel for Petitioner at the following email addresses:
`
`Keith A. Zullow (kzullow@goodwinprocter.com)
`
`Marta E. Delsignore (mdelsignore@goodwinprocter.com)
`
`
`
`
`
`
`
`Dated: February 20, 2018
`
`
`
`/ Nicholas N. Kallas /
`Nicholas N. Kallas
`Registration No. 31,530
`FITZPATRICK, CELLA,
`HARPER & SCINTO
`1290 Avenue of the Americas
`New York, NY 10104-3800
`Tel. 212-218-2100
`
`
`
`
`
`
`
`
`
`4
`
`
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
