`Tel: 571-272-7822
`
`Entered: July 16, 2019
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`
`MALLINCKRODT PHARMACEUTICALS IRELAND LIMITED,
`Petitioner,
`
`v.
`
`BIOVIE, INC.,
`Patent Owner.
`
`_____________
`
`Case IPR2018-00974
`Patent 9,655,945 B2
`______________
`
`
`
`Before MICHELLE N. ANKENBRAND, Acting Vice Chief Administrative
`Patent Judge, ERICA A. FRANKLIN, and KRISTI L. R. SAWERT,
`Administrative Patent Judges.
`
`SAWERT, Administrative Patent Judge.
`
`
`
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`Case IPR2018-00974
`Patent 9,655,945 B2
`
`
`On July 12, 2019, Petitioner sent an email to the Board requesting
`authorization to file a Motion to Strike Exhibit 2044 and the portions of
`Patent Owner’s Sur-Reply that cite to, or rely on, Exhibit 2044, from the
`record in this proceeding. Ex. 3001. In its email, Petitioner contends that
`Exhibit 2044 is a newly submitted supplemental declaration filed in support
`of Patent Owner’s Sur-Reply that is contrary to the Board’s instructions in
`the August 2018 Update to the PTAB Trial Practice Guide. Id. According
`to the email, Patent Owner opposes Petitioner’s request for authorization to
`file a motion.
`Based on the information available at this time and given the short
`time to the Oral Hearing, Petitioner’s request is granted. We authorize
`Petitioner to file a seven page Motion to Strike, and Patent Owner to file a
`seven page Opposition. No Reply is authorized.
`It is:
`ORDERED that Petitioner is authorized to file a Motion to Strike
`Exhibit 2044 and the portions of Patent Owner’s Sur-Reply that cite to, or
`rely on, Exhibit 2044;
`FURTHER ORDERED that the Motion to Strike is limited to seven
`(7) pages, and is due no later than five (5) business days from the date of this
`Order;
`FURTHER ORDERED that Patent Owner is authorized to file an
`Opposition to the Motion to Strike; and
`FURTHER ORDERED that the Opposition to the Motion to Strike is
`limited to seven (7) pages, and is due no later than five (5) business days
`from the date that Petitioner’s Motion to Strike is filed.
`
`
`
`
`
`2
`
`
`
`Case IPR2018-00974
`Patent 9,655,945 B2
`
`PETITIONER:
`James P. Murphy
`Jonathan Kirley
`Kevin J. Davis
`POLSINELLI PC
`jpmurphy@polsinelli.com
`mkirley@polsinelli.com
`kdavis@polsinelli.com
`
`
`PATENT OWNER:
`Patrick Gattari
`Paula Fritsch
`Grantland Drutchas
`Nicole Grimm
`MCDONNELL BOEHNEN HULBERT & BERGHOFF LLP
`gattari@mbhb.com
`fritsch@mbhb.com
`drutchas@mbhb.com
`grimm@mbhb.com
`
`
`
`3
`
`
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