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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`___________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`___________________
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`TEVA PHARMACEUTICALS USA, INC.
`Petitioner
`
`v.
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`CORCEPT THERAPEUTICS, INC.
`Patent Owner
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`___________________
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`Case PGR2019-00048
`Patent 10,195,214 B2
`___________________
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`PETITIONER’S NOTICE OF APPEAL
`OF FINAL WRITTEN DECISION
`
`
`via PTAB E2E
`Patent Trial and Appeal Board
`
`via U.S.P.S. Priority Mail Express®
`Office of the Solicitor
`United States Patent and Trademark Office
`Mail Stop 8, Post Office Box 1450
`Alexandria, VA 22313-1450
`
`via CM/ECF
`United States Court of Appeals for the Federal Circuit
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`Case PGR2019-00048
`U.S. Pat. No. 10,195,214
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`INTRODUCTION
`Petitioner Teva Pharmaceuticals USA, Inc.’s appeal stems from the Patent
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`Trial and Appeal Board’s Final Written Decision Determining No Challenged
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`Claims Unpatentable pursuant to 35 U.S.C. § 328 entered on November 18, 2020
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`(Paper 51) in the above-captioned post-grant review of United States Patent
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`No. 10,195,214. This notice is timely filed within 63 days of the Final Written
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`Decision. 37 C.F.R. § 90.3(a)(1).
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`PETITIONER’S APPEAL
`Please take notice that under 35 U.S.C. §§ 141(c), 142, 329; 37 C.F.R.
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`§§ 90.2(a), 90.3(a), and Federal Rule of Appellate Procedure and Federal Circuit
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`Rule 15, Petitioner appeals to the United States Court of Appeals for the Federal
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`Circuit from the Final Written Decision (Paper 51).
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`PETITIONER’S ISSUES ON APPEAL
`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Petitioner’s issues on appeal
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`include at least: (i) the Board’s finding that claims 1–13 of the ’214 patent are not
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`unpatentable as obvious over the combination of Korlym Label and Lee; (ii) the
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`Board’s finding that claims 1–13 of the ’214 patent are not unpatentable as obvious
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`over the combination of the Korlym Label, Lee, and FDA Guidance; and (iii) any
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`finding or determination supporting or related to these issues, including claim
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`- 1 -
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`Case PGR2019-00048
`U.S. Pat. No. 10,195,214
`constructions, as well as all other issues decided adversely to Petitioner in any
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`
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`order, decision, ruling, phone conference decision, and/or opinion.
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`Simultaneously with this submission, Petitioner is filing a true and correct
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`copy of this Notice of Appeal with the Director of the United States Patent and
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`Trademark Office and a true and correct copy of the same, along with the required
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`docketing fee, with the Clerk of the United States Court of Appeals for the Federal
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`Circuit as set forth in the accompanying Certificate of Filing.
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`Respectfully submitted,
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`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
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`Deborah Sterling, Ph.D.
`Registration No. 62,732
`Lead Attorney for Petitioner
`
`Date: November 24, 2020
`1100 New York Avenue, N.W.
`Washington, D.C. 20005
`(202) 371-2600
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`- 2 -
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`Case PGR2019-00048
`U.S. Pat. No. 10,195,214
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`CERTIFICATION OF FILING
`The undersigned certifies that, along with being electronically filed through
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`PTAB E2E, a true and correct copy of the above-captioned PETITIONER’S
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`NOTICE OF APPEAL OF FINAL WRITTEN DECISION is being filed by
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`U.S.P.S. Priority Mail Express® with the Director on November 24, 2020 at the
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`following address:
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`Office of the Solicitor
`United States Patent and Trademark Office
`Mail Stop 8, Post Office Box 1450
`Alexandria, VA 22313-1450
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`The undersigned also hereby certifies that a true and correct copy of the
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`above-captioned PETITIONER’S NOTICE OF APPEAL OF FINAL
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`WRITTEN DECISION and the filing fee is being filed via CM/ECF with the
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`Clerk’s Office of the United States Court of Appeals for the Federal Circuit on
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`November 24, 2020.
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`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
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`
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`Deborah Sterling, Ph.D.
`Registration No. 62,732
`Lead Attorney for Petitioner
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`Date: November 24, 2020
`1100 New York Avenue, N.W.
`Washington, D.C. 20005
`(202) 371-2600
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`Case PGR2019-00048
`U.S. Pat. No. 10,195,214
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`CERTIFICATION OF SERVICE
`The undersigned hereby certifies that the foregoing PETITIONER’S
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`
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`
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`NOTICE OF APPEAL OF FINAL WRITTEN DECISION was served
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`electronically via e-mail on November 24, 2020, in its entirety on the following:
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`F. Dominic Cerrito
`Eric C. Stops
`John P. Galanek
`Frank C. Calvosa
`Quinn Emanuel Urquhart & Sullivan, LLP
`51 Madison Avenue, 22nd Floor
`New York, NY 10010
`nickcerrito@quinnemanuel.com
`ericstops@quinnemanuel.com
`johngalanek@quinnemanuel.com
`frankcalvosa@quinnemanuel.com
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
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`Date: November 24, 2020
`1100 New York Avenue, N.W.
`Washington, D.C. 20005
`(202) 371-2600
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`Deborah Sterling, Ph.D.
`Registration No. 62,732
`Lead Attorney for Petitioner
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