`Tel: 571-272-7822
`
`Paper 17 (IPR2015-00131)
`Entered: April 28, 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`AGILA SPECIALTIES INC. and MYLAN PHARMACEUTICALS INC.,
`Petitioner,
`
`v.
`
`CUBIST PHARMACEUTICALS, INC.,
`Patent Owner.
`____________
`
`Case IPR2015-00131 (Patent 6,468,967 B1)
`Case IPR2015-00132 (Patent 6,852,689 B2)
`Case IPR2015-00140 (Patent 8,129,342 B2)
`Case IPR2015-00141 (Patent 8,058,238 B2)
`Case IPR2015-00142 (Patent 8,058,238 B2)
`Case IPR2015-00143 (Patent 8,058,238 B2)
`Case IPR2015-00144 (Patent 8,058,238 B2)1
`____________
`
`Before BRIAN P. MURPHY, JON B. TORNQUIST, TINA E. HULSE, and
`CHRISTOPHER G. PAULRAJ, Administrative Patent Judges.
`
`HULSE, Administrative Patent Judge.
`
`JUDGMENT
`Termination of the Proceeding
`37 C.F.R. § 42.72
`
`
`1 This paper addresses issues common to each of the identified proceedings.
`We, therefore, exercise our discretion and issue a single paper to be entered
`in each case.
`
`
`
`IPR2015-00131 (Patent 6,468,967 B1)
`IPR2015-00132 (Patent 6,852,689 B2)
`IPR2015-00140 (Patent 8,129,342 B2)
`IPR2015-00141 (Patent 8,058,238 B2)
`IPR2015-00142 (Patent 8,058,238 B2)
`IPR2015-00143 (Patent 8,058,238 B2)
`IPR2015-00144 (Patent 8,058,238 B2)
`
`
`On April 27, 2015, pursuant to 35 U.S.C. § 317, the parties filed a
`
`joint motion to terminate in each of the above-referenced proceedings
`
`pursuant to 35 U.S.C. § 317(a) and 37 C.F.R. § 72. Paper 16.2 The parties
`
`also filed a copy of a stipulation filed publicly in the copending district court
`
`case, Cubist Pharmaceuticals, Inc. v. Strides, Inc., No. 13-cv-1679-GMS (D.
`
`Del.). Ex. 1028. The stipulation states, in part, that in exchange for Patent
`
`Owner’s limiting the asserted claims against Petitioner in the copending
`
`litigation, Petitioner agrees to request termination of the inter partes review
`
`proceedings, and further stipulates that Petitioner agrees “not to file,
`
`maintain, join, or support another challenge to any claims of the ’238, ’342,
`
`’967, or ’689 patents in the U.S. Patent Office.” Id. ¶¶ 1–5.
`
`These proceedings are in the preliminary proceeding3 stage; no
`
`institution of a trial has been made in any of the proceedings. Based on the
`
`facts of these proceedings, it is appropriate to enter judgment terminating
`
`each proceeding pursuant to 37 C.F.R. § 42.72. Therefore, the joint motions
`
`to terminate the proceedings are GRANTED.
`
`
`
`
`2 The cited paper and exhibit numbers refer to documents filed in case
`IPR2015-00131. Similar documents were filed in each of the other
`proceedings.
`
`3 A preliminary proceeding begins with the filing of a petition for instituting
`a trial and ends with a written decision as to whether trial will be instituted.
`37 C.F.R. § 42.2.
`
`2
`
`
`
`IPR2015-00131 (Patent 6,468,967 B1)
`IPR2015-00132 (Patent 6,852,689 B2)
`IPR2015-00140 (Patent 8,129,342 B2)
`IPR2015-00141 (Patent 8,058,238 B2)
`IPR2015-00142 (Patent 8,058,238 B2)
`IPR2015-00143 (Patent 8,058,238 B2)
`IPR2015-00144 (Patent 8,058,238 B2)
`
`
`Accordingly, it is
`
`ORDERED that the joint motions to terminate the inter partes review
`
`proceedings are GRANTED; and
`
`FURTHER ORDERED that the inter partes review proceedings are
`
`TERMINATED.
`
`
`
`
`
`
`
`3
`
`
`
`IPR2015-00131 (Patent 6,468,967 B1)
`IPR2015-00132 (Patent 6,852,689 B2)
`IPR2015-00140 (Patent 8,129,342 B2)
`IPR2015-00141 (Patent 8,058,238 B2)
`IPR2015-00142 (Patent 8,058,238 B2)
`IPR2015-00143 (Patent 8,058,238 B2)
`IPR2015-00144 (Patent 8,058,238 B2)
`
`
`PETITIONER:
`
`Steven W. Parmelee
`Peter R. Munson
`Lorelei P. Westin
`Wilson Sonsini Goodrich & Rosati
`sparmelee@wsgr.com
`pmunson@wsgr.com
`lwestin@wsgr.com
`
`
`PATENT OWNER:
`
`Emily R. Whelan
`James M. Love
`Heather M. Petruzzi
`Wilmer Cutler Pickering Hale and Dorr LLP
`emily.whelan@wilmerhale.com
`jane.love@wilmerhale.com
`heather.petruzzi@wilmerhale.com
`
`Gerard M. Devlin
`Merck & Co., Inc.
`gerard_devlin@merck.com
`
`4
`
`
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