`
`Paper: 19
`Entered: May 7, 2018
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`KVK-TECH, INC.
`FLAT LINE CAPITAL, LLC,
`Petitioner,
`
`v.
`
`SILVERGATE PHARMACEUTICALS, INC.,
`Patent Owner.
`____________
`
`Case PGR2017-00039
`Patent 9,463,183
`
`____________
`
`Before GRACE KARAFFA OBERMANN, RAMA G. ELLURU,
`and MICHELLE N. ANKENBRAND,
`
`Administrative Patent Judges.
`
`OBERMANN, Administrative Patent Judge.
`
`
`ORDER
`Granting Joint Motion to Limit the Petition
`37 C.F.R. §§ 42.1(b), 42.71
`
`
`
`
`
`
`
`
`
`PGR2017-00039
`Patent 9,463,183
`
`
`The Petition challenges claims 1–13 (all claims) of U.S. Patent
`No. 9,463,183 on three grounds: (1) lack of enablement under 35 U.S.C.
`§ 112; (2) lack of written description support under 35 U.S.C. § 112; and (3)
`obviousness under 35 U.S.C. § 103. Paper 1, 4. In our institution decision,
`we ordered review of all challenged claims but limited the proceeding to the
`ground based on obviousness under 35 U.S.C. § 103. Paper 8, 21. On
`May 1, 2018, we modified our institution decision “to include review of all
`challenged claims and all grounds presented in the Petition.” Paper 17, 3.
`On May 3, 2018, with our prior authorization, the parties filed a Joint
`Motion to Limit the Petition. Paper 18. Specifically, “[t]he parties jointly
`move to limit the [P]etition by removing the two grounds asserted under
`35 U.S.C. [§ ]112 against claims 1-13.” Id. at 1. Removing grounds from
`dispute, pursuant to a joint request of the parties, serves our overarching goal
`of resolving this proceeding in a just, speedy, and inexpensive manner.
`37 C.F.R. § 42.1(b).
`Accordingly, we grant the Joint Motion to Limit the Petition. As
`such, the grounds presented in the Petition based on 35 U.S.C. § 112 are
`removed from dispute in this proceeding. The sole ground of unpatentability
`remaining in dispute is the challenge to claims 1–13 based on obviousness
`under 35 U.S.C. § 103.
`
`
`It is
`ORDERED that the Joint Motion to Limit the Petition is granted;
`FURTHER ORDERED that the Petition is limited to the ground of
`unpatentability asserted against claims 1–13 based on obviousness under
`35 U.S.C. § 103.
`
`
`2
`
`
`
`PGR2017-00039
`Patent 9,463,183
`
`PETITIONER:
`Zachary Silbersher
`Gaston Kroub
`Kroub, Silbersher & Kolmykov PLLC
`zsilbersher@kskiplaw.com
`gkroub@kskiplaw.com
`
`PATENT OWNER:
`Jeffrey Guise
`Richard Torczon
`Wendy Devine
`Clark Lin
`Wilson Sonsini Goodrich & Rosati PC
`jguise@wsgr.com
`rtorczon@wsgr.com
`wdevine@wsgr.com
`clin@wsgr.com
`
`3
`
`
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