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`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_______________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_______________________________
`
`
`
`ADELLO BIOLOGICS LLC, APOTEX INC. and APOTEX CORP.
`
`Petitioners
`
`v.
`
`AMGEN INC. and AMGEN MANUFACTURING LIMITED
`
`Patent Owners
`
`____________________
`
`PGR2019-00001
`Patent No. 9,856,287
`____________________
`
`
`
`MOTION REQUESTING ADVERSE JUDGMENT AGAINST
`APOTEX INC. AND APOTEX CORP.
`PURSUANT TO 37 C.F.R. § 42.73(b)(4)
`
`
`
`
`

`

`Petitioners Apotex Inc. and Apotex Corp. (collectively “Apotex”) hereby
`
`abandon the contest and thus request adverse judgment pursuant to 37 C.F.R.
`
`§ 42.73(b)(4). As stated in 37 C.F.R. § 42.73(b), “[a] party may request adverse
`
`judgment against itself at any time during a proceeding.” Further, the Board
`
`authorized this filing on August 6, 2019 in an email to the parties. Petitioner
`
`Adello Biologics LLC (“Adello”) and Patent Owner have represented that they do
`
`not oppose this motion.
`
`This request for adverse judgment against Apotex does not involve or
`
`include co-petitioner Adello or Adello’s related real parties-in-interest. Thus,
`
`Adello will continue in this proceeding as the sole petitioner. Entry of adverse
`
`judgment against Apotex will not terminate or delay the current proceeding.
`
`
`
`
`
`Date: August 8, 2019
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`/Teresa Stanek Rea/
`Teresa Stanek Rea (Reg. No. 30,427)
`CROWELL & MORING LLP
`Intellectual Property Group
`1001 Pennsylvania Ave, NW
`Washington, DC 20004-2595
`
`2
`
`

`

`
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that on the date indicated below a copy of the
`
`foregoing MOTION REQUESTING ADVERSE JUDGMENT AGAINST
`
`APOTEX INC. AND APOTEX CORP. PURSUANT TO 37 C.F.R. § 42.73(b)(4)
`
`was served electronically by filing this document through the PTAB E2E System,
`
`as well as by e-mailing copies to the following counsel of record for Patent Owner:
`
`
`J. Steven Baughman
`sbaughman@paulweiss.com
`GRP-AmgenPGR@paulweiss.com
`
`Megan Raymond
`mraymond@paulweiss.com
`
`Catherine Nyarady
`cnyarady@paulweiss.com
`
`Jennifer Wu
`jwu@paulweiss.com
`
`
`
`
`Date: August 8, 2019
`
`
`Respectfully submitted,
`
`/Shannon Lentz/
`Shannon Lentz (Reg. No. 65,382)
`CROWELL & MORING LLP
`Intellectual Property Group
`1001 Pennsylvania Ave, NW
`Washington, DC 20004-2595
`
`3
`
`
`
`
`
`

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