`Trials@uspto.gov
`571-272-7822 Entered: January 12, 2022
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`PFIZER INC.,
`Petitioner,
`
`v.
`
`UNIQURE BIOPHARMA B.V.,
`Patent Owner.
`____________
`
`IPR2021-00925 (Patent 9,982,248 B2)
`IPR2021-00926 (Patent 9,982,248 B2)
` IPR2021-00928 (Patent 10,465,180 B2)1
`____________
`
`
`Before ERICA A. FRANKLIN, ROBERT A. POLLOCK, and
`JULIA HEANEY, Administrative Patent Judges.
`
`POLLOCK, Administrative Patent Judge
`
`
`
`ORDER
`Granting Petitioner’s Unopposed Motion for Supplemental Information
`37 C.F.R § 42.123(a)
`
`
`
`1 These cases are not consolidated and the parties may not use this style of
`heading absent express authorization. We refer herein to papers filed in
`IPR2021-00925 as a matter of convenience. Corresponding papers are filed
`in each of the above-cited cases.
`
`
`
`IPR2021-00925 (Patent 9,982,248 B2)
`IPR2021-00926 (Patent 9,982,248 B2)
`IPR2021-00928 (Patent 10,465,180 B2)
`
`On December 21, 2021, we authorized Petitioner to file a motion to
`submit supplemental information. Ex. 3001. Petitioner filed its motion on
`January 6, 2021. Paper 23 (“Motion” or “Mot.”). Petitioner states that
`Patent Owner does not oppose the motion. Id. at 1.
`Petitioner moves to submit a Corrected Declaration of James L.
`Mullins, Ph.D. (Ex. 1061). Id. Petitioner explains that the Corrected
`Declaration addresses typographical errors on pages 26, 28, 73, 122, 131,
`Appendix B-5 beginning on page 171, pages 202–208, Appendix C-12
`beginning on page 250, and pages 1267–1285. Id. at 2–3. Petitioner further
`seeks to update Dr. Mullin’s curriculum vitae, address, and signature date.
`Id. at 3. Petitioner has filed a copy of its proposed supplemental information
`as Proposed Corrected Exhibit 1061. Id. at 1.
`As the moving party, Petitioner bears the burden of proving that it is
`entitled to the requested relief. 37 C.F.R. § 42.20(c). A party may file a
`motion to submit supplemental information if authorization is requested
`within one month of the date the trial is instituted and the supplemental
`information is “relevant to a claim for which the trial has been instituted.”
`37 C.F.R. § 42.123(a). This rule, however, does not require us to accept all
`supplemental information, even if timely submitted and relevant. Redline
`Detection, LLC v. Star Envirotech, Inc., 811 F.3d 435, 445 (Fed. Cir. 2015).
`“The guiding principle for the [Board] in making any determination is to
`‘ensure efficient administration of the Office and the ability of the Office to
`complete IPR proceedings in a timely manner.’” Id. Acceptance of
`supplemental information is “construed within the overarching context of the
`[Board’s] regulations governing IPR and general trial proceedings.
`2
`
`
`
`
`
`IPR2021-00925 (Patent 9,982,248 B2)
`IPR2021-00926 (Patent 9,982,248 B2)
`IPR2021-00928 (Patent 10,465,180 B2)
`Additionally, the [Board] has discretion to grant or deny motions as it sees
`fit.” Id. at 446–47 (citing 37 C.F.R. § 42.5(a), (b)).
`We instituted trial in each proceeding on November 17, 2021. Paper
`13. Petitioner requested authorization to file the Motion in an e-mail request
`to the Board on December 17, 2021. Ex. 3001. Under the circumstances,
`Petitioner’s request is timely.
`According to Petitioner, the Corrected Declaration is “relevant to a
`claim for which the trial has been instituted” because it reinforces the prior
`art status of Manno and Schuettrumpf.” Mot. 4. Petitioner further asserts
`that “[t]he Corrected Declaration merely fixes typographical errors and
`properly incorporates appendices that the Patent Owner already
`possessed[,]. . . does not ‘change the grounds of unpatentability authorized
`in this proceeding, nor . . . the evidence initially presented in the Petition to
`support those grounds of unpatentability.’” Id. at 5 (citing Palo Alto
`Networks, Inc. v. Juniper Networks, Inc., IPR2013-00369, Paper 37 at 3
`(PTAB Feb. 5, 2014)). Petitioner further asserts that the granting of this
`motion would not prejudice Patent Owner as evidenced by its decision not to
`object to this motion. Id.
`In view of the above, we find that submission of the Corrected
`Declaration would contribute to “efficient administration of the Office and
`the ability of the Office to complete IPR proceedings in a timely manner.”
`Redline Detection, 811 F.3d at 445.
`Accordingly, it is
`ORDERED that Petitioner’s Motion for Supplemental Information is
`granted.
`
`
`
`
`3
`
`
`
`IPR2021-00925 (Patent 9,982,248 B2)
`IPR2021-00926 (Patent 9,982,248 B2)
`IPR2021-00928 (Patent 10,465,180 B2)
`PETITIONER:
`Dov P. Grossman
`David I. Berl
`Xun Liu
`WILLIAMS & CONNOLLY LLP
`dgrossman@wc.com
`dberl@wc.com
`mliu@wc.com
`
`PATENT OWNER:
`Emily Whelan
`David Cavanaugh
`Cindy Kan
`WILMER CUTLER PICKERING HALE AND DORR LLP
`emily.whelan@wilmerhale.com
`david.cananaugh@wilmerhale.com
`cindy.kan@wilmerhale.com
`
`
`
`4
`
`
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