`
`
`
`
`
`Trials@uspto.gov
`572-272-7822
`
`
` Paper 73
`
`
` Mailed: November 15, 2013
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`APOTEX INC.
`Petitioner
`
`v.
`
`ALCON PHARMACEUTICALS, LTD.
`Patent Owner
`____________
`Case IPR2013-00012
`Patent 6,716,830
`_______
`
`
`Before SALLY GARDNER LANE, LORA M. GREEN, and RAMA G. ELLURU,
`Administrative Patent Judges.
`
`LANE, Administrative Patent Judge.
`
`
`
`JUDGMENT
`TERMINATION OF THE PROCEEDING
`37 C.F.R. § 42.73
`
`
`
`
`The parties indicate that they have reached settlement and jointly move to
`
`terminate this trial proceeding. (Joint Motion (Paper 71) filed 7 November 2013).
`
`
`
`Case IPR2013-00012
`U.S. Patent 6,716,830
`
`See 35 U.S.C. § 317(a); 37 C.F.R. § 42.72. The parties have filed a copy of the
`
`written Settlement Agreement (Exhibit 1047) and a Stipulation of Dismissal said to
`
`have been filed in the copending District Court action1 on 20 September 2013.
`
`(Exhibit 1046).
`
`The Board instituted trial on 19 March 2013 (Decision (Paper 43)). The
`
`Patent Owner filed a Response (Paper 55) but did not file a Motion to Amend.
`
`Under these circumstances the Board determines that it is appropriate to terminate
`
`the trial without rendering a final written decision. 37 C.F.R. § 42.72.
`
`
`
`It is
`
`Order
`
`ORDERED that the joint motion to terminate the proceeding is GRANTED
`
`and the proceeding is hereby terminated;
`
`FURTHER ORDERED that the parties’ joint request that the settlement
`
`agreement be treated as business confidential information kept separate from the
`
`file of the involved patents, and made available only to Federal Government
`
`agencies on written request, or to any person on a showing of good cause, under
`
`the provisions of 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c) (Request, Paper 70),
`
`is GRANTED.
`
`
`
`
`
`
`Alcon Pharms. Ltd. Et al. v. Lupin Ltd. et al., Case No. 11-587-SLR (D.Del).
`
`1
`
`
`
`
`2
`
`
`
`Case IPR2013-00012
`U.S. Patent 6,716,830
`
`cc:
`
`Petitioner:
`
`Eldora Ellison
`H. Keeto Sabharwal
`Sterne Kessler Goldstein & Fox, PLLC
`eellision@skgf.com
`keetos@skgf.com
`
`Patent Owner:
`
`Barry Copeland
`Alcon Research, Ltd.
`Barry.copeland@alconlabs.com
`
`
`
`
`
`
`3
`
`
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