`Tel: 571-272-7822
`
`
`Paper 12
`Entered: April 2, 2015
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`DR. REDDY’S LABORATORIES, INC.,
`Petitioner,
`
`v.
`
`FRESENIUS KABI USA, LLC,
`Patent Owner.
`____________
`
`Case IPR2015-00715
`Patent 8,476,010 B2
`____________
`
`Before DONNA M. PRAISS, JO-ANNE M. KOKOSKI, and
`ZHENYU YANG, Administrative Patent Judges.
`
`YANG, Administrative Patent Judge.
`
`
`
`
`
`JUDGMENT
`Termination of the Proceeding
`37 C.F.R. § 42.73
`
`On March 18, 2015, the parties filed a joint motion to terminate the
`proceeding pursuant to 35 U.S.C. § 317. Paper 11. In addition, pursuant to
`35 U.S.C. § 317(b) and 37 C.F.R. § 42.74, the parties filed a true and correct
`copy of a settlement agreement and a related letter agreement (Exs. 1033,
`
`
`
`Case IPR2015-00715
`Patent 8,476,010 B2
`
`
`
`1034), along with a joint request to treat these agreements as business
`confidential information, to be kept separate from the publicly available
`patent files (Paper 10).
`This case is in the preliminary proceeding stage;1 no decision on
`whether to institute a trial has been made. Under these circumstances, it is
`appropriate to enter judgment. Therefore, the joint motion to terminate the
`proceeding is GRANTED.
`Accordingly, it is
`ORDERED that the joint motion to terminate the proceeding is
`GRANTED and the proceeding is hereby TERMINATED; and
`FURTHER ORDERED that the parties’ joint request that the
`settlement agreement be treated as business confidential information, to be
`kept separate from the patent files, is GRANTED.
`
`
`
`
`1 A preliminary proceeding begins with the filing of a petition for instituting
`a trial and ends with a written decision as to whether a trial will be instituted.
`37 C.F.R. § 42.2.
`
`
`
`2
`
`
`
`Case IPR2015-00715
`Patent 8,476,010 B2
`
`
`
`For PETITIONER:
`
`William L. Mentlik
`Michael H. Teschner
`LERNER DAVID LITTENBERG KRUMHOLZ & MENTLIK, LLP
`WMentlik.ipr@ldlkm.com
`MTeschner.ipr@ldlkm.com
`
`For PATENT OWNER:
`Eleanor M. Yost
`April E. Weisbruch
`GOODWIN PROCTER LLP
`eyost@goodwinprocter.com
`aweisbruch@goodwinprocter.com
`
`
`
`3
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