`Tel: 571-272-7822
`
`Entered: October 11, 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
`
`
`
`
`
`IPR2018-00974
`Patent 9,655,945 B2
`
`
`On October 10, 2019, Patent Owner sent an email to the Board
`requesting authorization to “submit a brief statement regarding a recent
`Federal Circuit decision, namely, the OSI Pharm., LLC v. Apotex Inc.,
`No. 2018-1925, 2019 WL 4892078 (Fed. Cir. Oct. 4, 2019) case, which
`Patent Owner believes is relevant to this proceeding.” Ex. 3002. In its
`email, Patent Owner “proposes that its statement regarding the case law be
`limited to 350 words and that Petitioner can submit a response also limited
`to 350 words.” Id. According to the email, Petitioner does not oppose
`Patent Owner’s request.
`Patent Owner’s request is granted. In view of the November 14,
`2019, statutory deadline for issuing a Final Written Decision in this
`proceeding, Patent Owner shall file its 350-word submission no later than
`5pm ET, on October 16, 2019, and Petitioner shall file its 350-word response
`no later than 5pm ET, on October 21, 2019. No reply is authorized.
`It is:
`ORDERED that Patent Owner is authorized to submit a case law
`statement on OSI Pharm., LLC v. Apotex Inc., No. 2018-1925, 2019 WL
`4892078 (Fed. Cir. Oct. 4, 2019);
`FURTHER ORDERED that Patent Owner’s submission is limited to
`350 words, and is due no later than 5pm ET, October 16, 2019;
`FURTHER ORDERED that Petitioner is authorized to file a response
`to Patent Owner’s submission; and
`FURTHER ORDERED that Petitioner’s submission is limited to 350
`words, and is due no later than 5pm ET, October 21, 2019.
`
`
`
`
`
`2
`
`
`
`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
`Nicole Grimm
`Grantland Drutchas
`MCDONNELL BOEHNEN HULBERT
`& BERGHOFF LLP
`gattari@mbhb.com
`grimm@mbhb.com
`drutchas@mbhb.com
`
`
`
`3
`
`
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