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Case IPR2015-00715
`Joint Motion To Terminate Proceedings
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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`DR. REDDY'S LABORATORIES, INC.
`Petitioner
`
`v.
`
`FRESENIUS KABI USA, LLC
`Patent Owner
`
`
`
`Case IPR2015-00715
`U.S. Patent No. 8,476,010 B2
`
`
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`
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`DR. REDDY'S LABORATORIES, INC.
`AND FRESENIUS KABI USA, LLC'S
`JOINT MOTION TO TERMINATE PROCEEDING
`PURSUANT TO 35 U.S.C. § 317
`
`
`
`
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`
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`Mail Stop "PATENT BOARD"
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Joint Motion To Terminate.docx
`
`

`
`Case IPR2015-00715
`Joint Motion To Terminate Proceedings
`
`Pursuant to 35 U.S.C. § 317(a), Petitioner Dr. Reddy's Laboratories, Inc.
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`
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`("DRL") and Patent Owner Fresenius Kabi USA, LLC ("Fresenius") jointly request
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`termination of the Inter Partes Review of U.S. Patent No. 8,476,010, Case No.
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`IPR2015-00715. DRL filed its petition for inter partes review on February 6,
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`2015. The parties have settled their dispute. The co-pending litigation between the
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`parties concerning the patent at issue has been dismissed. Fresenius Kabi USA,
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`LLC v. Dr. Reddy's Laboratories, Ltd., 1-14-cv-00160 (D. Del.), Dkt. 45. The
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`parties' settlement is memorialized in a Settlement Agreement and a related letter
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`agreement to seek termination of this IPR.
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`True and correct copies of the settlement agreement (Exh. 1033) and related
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`letter agreement (Exh. 1034) are being filed with the parties' Joint Request To File
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`Settlement Agreement As Business Confidential, filed concurrently herewith.
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`Therefore, DRL and Fresenius respectfully request termination of the Inter
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`Partes Review of U.S. Patent No. 8,476,010, Case No. IPR2015-00715.
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`Dated: March 18, 2015
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`
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`Respectfully submitted,
`
`/s/ Michael H. Teschner
`William L. Mentlik (Reg. No. 27,108)
`Michael H. Teschner (Reg. No. 32,862)
`LERNER DAVID LITTENBERG
`KRUMHOLZ & MENTLIK, LLP
`600 South Avenue West
`Westfield, NJ 07090
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`
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`

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`
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`Case IPR2015-00715
`Joint Motion To Terminate Proceedings
`
`Tel: 908-518-6305
`Fax: 908-654-7866
`Attorneys for Petitioner
`
`/s/ Eleanor M. Yost
`Eleanor M. Yost (Reg. No. 58,013)
`GOODWIN PROCTER LLP
`901 New York Avenue, N.W.
`Washington, D.C. 20001-4432
`Tel: 202-346-4000
`Fax: 202-346-4444
`Attorney for Patent Owner
`
`
`
`2
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`

`
`Case IPR2015-00715
`Joint Motion To Terminate Proceedings
`
`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of the foregoing DR.
`
`
`
`
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`REDDY’S LABORATORIES, INC. AND FRESENIUS KABI USA, LLC’S
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`JOINT MOTION TO TERMINATE PROCEEDING PURSUANT TO
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`35 U.S.C. § 317 was served by e-mail on March 18, 2015 on counsel of record for
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`Fresenius Kabi USA, LLC at the e-mail addresses listed below:
`
`Eleanor M. Yost
`April E. Weisbruch
`GOODWIN PROCTER LLP
`901 New York Avenue, NW
`Washington, DC 20001
`202-346-4000
`202-346-4000 (fax)
`eyost@goodwinprocter.com
`aweisbruch@goodwinprocter.com
`
`
`Dated:
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`March 18, 2015
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`
`
`
`
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`
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`By: s/ Michael H. Teschner
`
`Michael H. Teschner
`Reg. No. 32,862
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`
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`Attorney for Petitioner
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`
`
`3

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