Trials
`Krumplitsch, Susan; Trials
`Harwood, Melissa; 334PGR@mcandrews-ip.com; Brad P. Loren; bmahon@mcandrews-ip.com;
`amenchaca@mcandrews-ip.com
`RE: PGR2023-00043, Intas Pharm. Ltd. v. Atossa Therapeutics, Inc.
`Wednesday, September 4, 2024 4:28:06 PM
`image001.png
`
`From:
`To:
`Cc:
`
`Subject:
`Date:
`Attachments:
`
`Counsel:
`
`From the Board –
`
`Patent Owner’s unopposed request for authorization to file a supplemental declaration of Dr. Davies
`with its Sur-Reply is granted. Dr. Davies’s supplemental declaration shall be limited to responding to
`Petitioner’s enablement argument, as agreed upon by the parties.
`
`Petitioner is also authorized to file the cross-examination transcript as an exhibit as soon as it
`becomes available and to file observations no later than 10 business days after the cross-
`examination of Dr. Davies, if it so chooses (given the schedule, however, the Board encourages
`Petitioner to file the observations as soon as possible). Observations must be a concise statement of
`the relevance of the testimony and are not an opportunity to raise new issues or re-argue issues.
`Observations should identify by page and line number the relevant testimony of the witness, identify
`what specific argument (i.e., by paper number and pincite) that the testimony responds to, and
`include a very short one to two sentence statement of why that testimony is relevant.
`
`Regards,
`
`Esther Goldschlager
`Supervisory Paralegal Specialist
`Patent Trial & Appeal Board
`U.S. Patent & Trademark Office
`
`From: Krumplitsch, Susan <Susan.Krumplitsch@us.dlapiper.com>
`Sent: Friday, August 23, 2024 3:16 PM
`To: Trials <Trials@USPTO.GOV>
`Cc: Harwood, Melissa <Melissa.Harwood@us.dlapiper.com>; Krumplitsch, Susan
`<Susan.Krumplitsch@us.dlapiper.com>; 334PGR@mcandrews-ip.com; Brad P. Loren
`<BLoren@mcandrews-ip.com>; bmahon@mcandrews-ip.com; amenchaca@mcandrews-ip.com
`Subject: PGR2023-00043, Intas Pharm. Ltd. v. Atossa Therapeutics, Inc.
`
`CAUTION: This email has originated from a source outside of USPTO. PLEASE CONSIDER THE SOURCE before
`responding, clicking on links, or opening attachments.
`
`Dear Honorable Board,
`
`In PGR2023-00043, Patent Owner requests authorization to include a supplemental declaration from
`Patent Owner’s expert, Dr. Davies, as an exhibit to Patent Owner’s Sur-Reply, limited to responding
`to enablement opinions offered by Petitioner’s expert.
`
`Exhibit 3001
`
`

`

`
`Petitioner’s Reply included an Expert Declaration of Ron Bihovsky, PhD (Ex. 1030) responding to
`the opinions raised by Patent Owner’s expert in support of Patent Owner’s Response that the prior
`art reference relied on was not enabled. Patent Owner’s expert has therefore not had an opportunity
`to respond to the enablement opinions raised in Dr. Bihovsky’s declaration.
`
`The parties have conferred. Petitioner does not oppose Patent Owner’s request to submit a
`supplemental declaration from Dr. Davies as an exhibit to Patent Owner’s Sur-Reply provided that
`Petitioner be permitted to depose Dr. Davies and submit his transcript into the record and provide
`observations, if necessary. Patent Owner does not object to Petitioner’s request to make Dr. Davies
`available for deposition regarding his opinions contained in his supplemental declaration.
`
`In addition, Patent Owner requests an extension to Due Date 3, from August 28, 2024 to September
`6, 2024. No other dates in the schedule would be impacted.
`
`Petitioner does not oppose Patent Owner’s request to move Due Date 3 to September 6, 2024.
`
`The parties are available for a conference call at the Board’s request.
`
`Kind regards,
`
`Susan Krumplitsch
`
`
` Susan Krumplitsch
`
`Partner
`
`T +1 650 833 2440
`F +1 650 687 1230
`susan.krumplitsch@us.dlapiper.com
`
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