`571-272-7822
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` Paper No. 23
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`Entered: October 4, 2019
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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 Owner.
`
`
`
`
`
`
`
`Case PGR2019-00001
`Patent No. 9,856,287 B2
`____________
`
`
`Before ZHENYU YANG, CHRISTOPHER G. PAULRAJ, and
`J. JOHN LEE, Administrative Patent Judges.
`
`YANG, Administrative Patent Judge.
`
`
`
`ORDER
`Granting Request for Adverse Judgment as to
`Apotex Inc. and Apotex Corp.
`37 C.F.R. § 42.73(b)
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`PGR2019-00001
`Patent No. 9,856,287 B2
`
`
`Adello Biologics, LLC, Apotex Inc., and Apotex Corp. filed a Petition
`(Paper 3), requesting a post-grant review of claims 1–30 of U.S. Patent
`No. 9,856,287 B2. After we instituted review (Paper 13), Petitioners Apotex
`Inc. and Apotex Corp. (collectively “Apotex”) filed an unopposed Motion
`Requesting Adverse Judgment against themselves (Paper 21). Apotex
`represents that Petitioner Adello and Patent Owner do not oppose this
`Motion. Id.
`Rule 42.73(b) permits a party to “request judgment against
`itself at any time during a proceeding.” Under the circumstances in
`this case, we find it is appropriate to grant Apotex’s Request.
`The current proceeding continues with Adello as the sole
`Petitioner.
`
`
`Accordingly, it is
`ORDERED that the Motion Requesting Adverse Judgment against
`Apotex Inc. and Apotex Corp. is GRANTED; and
` FURTHER ORDERED that the case caption for all further
`submissions in this proceeding shall be changed to show Adello as the sole
`Petitioner.
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` 2
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`PGR2019-00001
`Patent No. 9,856,287 B2
`
`For PETITIONER:
`
`Teresa Rea
`trea@crowell.com
`
`Deborah Yellin
`dyellin@crowell.com
`
`Shannon Lentz
`slentz@crowell.com
`
`
`
`For PATENT OWNER:
`
`J. Steven Baughman
`sbaughman@paulweiss.com
`GRP-AmgenPGR@paulweiss.com
`
`Megan Raymond
`mraymond@paulweiss.com
`
`Catherine Nyarady
`cnyarady@paulweiss.com
`
`Jenifer Wu
`jwu@paulweiss.com
`
`
` 3
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