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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`MYLAN PHARMACEUTICALS INC.
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`Petitioner v.
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`3M COMPANY et al.
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`Patent Owner
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`Case IPR2015-02002
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`Patent 6,743,413
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`JOINT REQUEST THAT SETTLEMENT AGREEMENT BE TREATED AS
`BUSINESS CONFIDENTIAL INFORMATION AND KEPT SEPARATE
`UNDER 37 C.F.R § 42.74(c)
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`LEGAL02/36554588v1
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`INTRODUCTION
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`Mylan Pharmaceuticals Inc. (“Petitioner”) and 3M Company (“Patent
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`Owner”) have entered into a settlement agreement that resolves all underlying
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`disputes between the parties, including the inter partes review proceeding
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`IPR2015-02002, against U.S. Patent No. 6,743,413 (“the ’413 patent”), currently
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`before the Board (“the proceeding”).
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`In an email sent to the parties on November 15, 2016, in light of the
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`settlement agreement, the Board authorized the parties to file a joint motion to
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`terminate in the above-captioned proceeding. Also in the email, the Board
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`authorized the parties to file a joint request that the Office treat the agreement as
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`business confidential information. Accordingly, the parties jointly request that the
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`agreement be held separately and treated as business confidential information
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`pursuant to 37 C.F.R. § 42.74(c).
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`RELIEF REQUESTED
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`If requested, the rules permit the parties to have any filed settlement
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`agreement treated as business confidential information, and kept separate from the
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`files of the involved patent. 37 C.F.R. § 42.74(c). Indeed, the statute requires it.
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`LEGAL02/36554588v1
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`At the request of a party to the proceeding, the agreement
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`or understanding shall be treated as business confidential
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`information, shall be kept separate from the file of the
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`involved patents, and shall be made available only to
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`Federal Government agencies on written request, or to
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`any person on a showing of good cause.
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`35 U.S.C. § 317(b).
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`In a motion filed concurrently herewith, Petitioner and Patent Owner jointly
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`request termination of the proceeding. The parties also submit, as part of that joint
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`request, a true copy of the Agreement between them (Exhibit 1022). Because the
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`Agreement contains confidential business information, the parties jointly request
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`that the Office treat the Agreement (Exhibit 1022) as business confidential
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`information, that the Agreement be kept separate from the file of the involved
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`patents, and that the Agreement be made available only to Federal Government
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`agencies on written request, or to other persons only on a showing of good cause.
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`CONCLUSION
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`For the foregoing reasons, Petitioner and Patent Owner jointly and
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`respectfully request that the Board hold the Agreement as business confidential
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`information pursuant to 37 C.F.R. § 42.74(c) in the proceeding.
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`LEGAL02/36554588v1
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`/Jitendra Malik/___________________
`Jitendra Malik, Ph.D., Reg. No. 55,823
`Robert J. Caison, Reg. No. 72,939
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`Attorneys for Mylan Pharmaceuticals Inc.
`Customer Number 00826
`Alston & Bird LLP
`Telephone: (919) 862-2210
`Facsimile: (919) 862-2260
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`/Dorothy P. Whelan/________________
`Dorothy P. Whelan, Reg. No. 33,814
`Gwilym Attwell, Reg. No. 45,449
`John R. Lane, Reg. No. 47,733
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`Attorneys for 3M Company
`Customer Number 26171
`Fish & Richardson P.C.
`Telephone: (612) 337-2508
`Facsimile: (612) 288-9696
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`Dated: November 15, 2016
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`Respectfully Submitted,
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`LEGAL02/36554588v1