`571-272-7822 Date: January 23, 2019
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`MERCK SHARP & DOHME CORP.,
`Petitioner,
`
`v.
`
`GLAXOSMITHKLINE BIOLOGICALS SA,
`Patent Owner.
`
`
`
`Case IPR2018-01229 (Patent No. 8,753,645)
`Case IPR2018-01236 (Patent No. 8,753,645)
`Case IPR2018-01234 (Patent No. 9,265,839)
` Case IPR2018-01237 (Patent No. 9,265,839)1
`____________
`
`Before SHERIDAN K. SNEDDEN, JO-ANNE M. KOKOSKI, and
`RICHARD J. SMITH, Administrative Patent Judges.
`
`SMITH, Administrative Patent Judge.
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`1 This Order addresses issues that are common to all four cases. We,
`therefore, issue a single Order that has been entered in each case. The
`parties may use this style caption when filing a single paper in multiple
`proceedings, provided that such caption includes a footnote attesting that
`“the word-for-word identical paper is filed in each proceeding identified in
`the caption.”
`
`
`
`
`IPR2018-01229, -01236 (Patent No. 8,753,645)
`IPR2018-01234, -01237 (Patent No. 9,265,839)
`
`Inter partes reviews in the above-referenced proceedings were
`instituted on December 18, 2018. Paper 13.2 Scheduling Orders were
`entered at that time, and included the setting of an initial conference call for
`January 22, 2019. Paper 14, 2.
`On January 17, 2019, Petitioner requested, via e-mail, authorization to
`file a motion to submit supplemental information in each of the above-
`referenced proceedings. Patent Owner opposed the request, but the parties
`jointly requested that Petitioner’s request be addressed during the initial
`conference call. On January 22, 2019, an initial conference call was held
`among counsel for Petitioner, counsel for Patent Owner, and Judges
`Snedden, Kokoski, and Smith.
`During the conference call, we discussed the reasons for Petitioner’s
`request and Patent Owner’s opposition, giving the parties the opportunity to
`present their arguments and explanations to support their positions. Based
`on our consideration of the parties’ positions, we authorized Petitioner to file
`a motion to submit supplemental information pursuant to 37 C.F.R. § 42.123
`and Patent Owner to file an opposition to Petitioner’s motion.
`Accordingly, it is hereby:
`ORDERED that Petitioner is authorized to file an 8-page motion to
`submit supplemental information pursuant to 37 C.F.R. § 42.123, on or
`before January 30, 2019; and
`FURTHER ORDERED that Patent Owner is authorized to file an 8-
`page opposition to Petitioner’s motion, on or before February 6, 2019.
`
`
`
`2 The paper numbers referenced in this Order are the same in each of the
`referenced proceedings.
`
`
`
`2
`
`
`
`IPR2018-01229, -01236 (Patent No. 8,753,645)
`IPR2018-01234, -01237 (Patent No. 9,265,839)
`
`PETITIONER:
`
`Anthony Insogna
`Nikolaos George
`Gasper LaRosa
`Lisamarie LoGiudice
`Catharina Chin Eng
`JONES DAY
`aminsogna@jonesday.com
`ncgeorge@jonesday.com
`gjlarosa@jonesday.com
`llogiudice@jonesday.com
`cjchineng@jonesday.com
`
`Arlene Chow
`Ernest Yakob
`HOGAN LOVELLS US LLP
`arlene.chow@hoganlovells.com
`ernest.yakob@hoganlovells.com
`
`
`PATENT OWNER:
`
`Charles E. Lipsey
`Rich B. Racine
`Joann M. Neth
`Amanda Murphy
`Yieyie Yang
`Trenton Ward
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP
`charles.lipsey@finnegan.com
`rich.racine@finnegan.com
`joann.neth@finnegan.com
`amanda.murphy@finnegan.com
`yieyie.yang@finnegan.com
`trenton.ward@finnegan.com
`
`
`
`
`3
`
`
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