`571-272-7822
`
`Paper 45
`Date: February 5, 2024
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`BLUEBIRD BIO, INC.,
`Petitioner,
`v.
`SLOAN KETTERING INSTITUTE FOR CANCER RESEARCH,
`Patent Owner.
`
`IPR2023-00070 (Patent 7,541,179 B2)
` IPR2023-00074 (Patent 8,058,061 B2)1
`
`
`
`
`
`
`
`
`
`Before SHERIDAN K. SNEDDEN, JAMES A. WORTH and
`CYNTHIA M. HARDMAN, Administrative Patent Judges.
`SNEDDEN, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`1 This Order addresses overlapping issues in the cases listed above.
`Therefore, we issue one Order to be filed in each case. The parties,
`however, are not authorized to use this style of filing.
`
`
`
`IPR2023-00070 (Patent 7,541,179 B2)
`IPR2023-00074 (Patent 8,058,061 B2)
`
`
`On January 29, 2024 via email, Petitioner requested authorization to
`submit the parties’ Joint Claim Construction Chart filed in the parallel
`district court proceeding. The relevant portion of the email reads as follows:
`
`Petitioner in the above-noted IPR proceedings writes to
`request authorization to submit the parties’ Joint Claim
`Construction Chart filed in the parallel district court
`proceeding (see C.A. No. 21-1478 (D. Del.) at D.I. 127),
`so that it is available to the Board as it considers the
`arguments made in these proceedings.
`As per the Board’s direction during the oral hearing held
`on January 24, 2024, Petitioner reached out to Patent
`Owner to confer regarding this request. Patent Owner
`opposes Petitioner’s request. At this point, given
`Petitioner simply wants the Board to have a copy of the
`Joint Claim Construction Chart that was discussed during
`the hearing and that is otherwise publicly available on the
`Court’s docket, Petitioner requests leave to submit the
`chart as an exhibit in these proceedings.
`As indicated in our oral hearing order, parties are not permitted to
`present new evidence or arguments at the oral hearing. See IPR2023-00070,
`Paper 42, 4. Because the Joint Claim Construction Chart was first raised at
`the hearing, we deny Petitioner’s request to file the Joint Claim Construction
`Chart at this juncture.
`For the reasons given, it is
`ORDERED that Petitioner’s request for authorization to submit the
`parties’ Joint Claim Construction Chart filed in the parallel district court
`proceeding is denied.
`
`
`
`
`
`2
`
`
`
`IPR2023-00070 (Patent 7,541,179 B2)
`IPR2023-00074 (Patent 8,058,061 B2)
`
`For PETITIONER:
`
`Naveen Modi
`Eric Dittmann
`Daniel Zeilberger
`PAUL HASTINGS LLP
`naveenmodi@paulhastings.com
`ericdittmann@paulhastings.com
`danielzeilberger@paulhastings.com
`
`For PATENT OWNER:
`
`Michael Glynn
`Joe Chen
`Howard Suh
`James McConnell
`Wanda French-Brown
`FOX ROTHSCHILD LLP
`mglynn@foxrothschild.com
`joechen@foxrothschild.com
`hsuh@foxrothschild.com
`jmcconnell@foxrothschild.com
`wfrench-brown@foxrothschild.com
`
`
`3
`
`
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