`Tel: 571-272-7822
`
`Paper 13
`Entered: December 16, 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`Before SHERIDAN K. SNEDDEN, TINA E. HULSE, and
`CHRISTOPHER G. PAULRAJ, Administrative Patent Judges.
`
`HULSE, Administrative Patent Judge.
`
`APOTEX CORP. and APOTEX, INC.,
`Petitioner,
`
`v.
`
`ALLERGAN, INC.,
`Patent Owner.
`_______________
`
`Case IPR2015-01278
`Patent 8,633,162 B2
`_______________
`
`
`
`JUDGMENT
`Termination of the Proceeding
`37 C.F.R. § 42.73
`
`
`
`
`
`
`
`IPR2015-01278
`Patent 8,633,162 B2
`
`
`The parties have requested that this proceeding be terminated pursuant
`to settlement of the dispute regarding U.S. Patent No. 8,633,162 B2. Paper
`10. With their motion to terminate, the parties also filed a copy of a written
`settlement agreement (Paper 12) that they request be kept confidential and
`separate from the patent file (Paper 11). 35 U.S.C. § 317(b).
`This case is in the preliminary proceeding1 stage; no institution of a
`trial has been made. Under these circumstances, we determine that it is
`appropriate to enter judgment.2 37 C.F.R. § 42.72.
`Accordingly, it is
`ORDERED that the joint motion to terminate the proceeding is
`granted; and
`FURTHER ORDERED that the joint request that the settlement
`agreement (Paper 12) be treated as business confidential information and
`kept separate from the file of the involved patents under the provisions of 35
`U.S.C. § 317(b) and 37 C.F.R. § 42.74(c) is granted; and
`FURTHER ORDERED that the proceeding is terminated.
`
`
`
`
`
`
` 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
`
` A judgment means a final written decision by the Board, or a termination
`of a proceeding. 37 C.F.R. § 42.2
`
`2
`
`
`
`
`
`IPR2015-01278
`Patent 8,633,162 B2
`
`PETITIONER:
`
`Eldora Ellison
`Ralph Powers III
`STERNE KESSLER GOLDSTEIN & FOX P.L.L.C.
`eellison-PTAB@skgf.com
`tpowers-PTAB@skgf.com
`
`PATENT OWNER:
`
`Dorothy Whelan
`Michael Kane
`FISH & RICHARDSON P.C.
`whelan@fr.com
`IPR13351-0060IP1@fr.com
`
`
`
`
`
`3
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