`571-272-7822
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` Paper 26
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`
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` Entered: November 18, 2016
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`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MYLAN PHARMACEUTICALS INC.,
`Petitioner,
`
`v.
`
`3M COMPANY,
`Patent Owner.
`____________
`
`Case IPR2015-02002
`Patent 6,743,413 B1
`____________
`
`
`
`Before LORA M. GREEN, RAMA G. ELLURU, and
`ELIZABETH A. LAVIER, Administrative Patent Judges.
`
`LAVIER, Administrative Patent Judge.
`
`
`
`JUDGMENT
`Termination Pursuant to Settlement
`35 U.S.C. § 317(a) and 37 C.F.R. §§ 42.5, 42.71–42.74
`
`
`
`
`
`
`IPR2015-02002
`Patent 6,743,413 B1
`
`
`
`On November 15, 2016, Petitioner, Mylan Pharmaceuticals Inc., and
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`Patent Owner, 3M Company, filed a Joint Motion To Terminate Pursuant to
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`35 U.S.C. § 317. Paper 24. The parties filed a copy of their Settlement
`
`Agreement, made in connection with the termination of these proceedings,
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`in accordance with 37 C.F.R. § 42.74(b). Ex. 1022. The parties also filed a
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`Joint Request that Settlement Agreement Be Treated as Business
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`Confidential Information and Kept Separate under 37 C.F.R. § 42.74(c).
`
`Paper 25.
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`The Board generally expects that a case “will terminate after the filing
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`of a settlement agreement, unless the Board has already decided the merits.”
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`Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,768 (Aug. 14,
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`2012); see 37 C.F.R. § 42.72. In their Joint Motion to Terminate, the parties
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`indicate that the Settlement Agreement resolves all disputes between them
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`involving the patent-at-issue in this proceeding. See Paper 24, 15.* This
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`Joint Motion to Terminate comes relatively early in the trial proceeding, as
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`the oral argument, scheduled for December 5, 2016, has not yet occurred.
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`See Paper 9 (Scheduling Order).
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`Upon consideration of the facts before us, we determine that it is
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`appropriate to terminate this proceeding and enter judgment, without
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`rendering a final written decision. See 37 C.F.R. §§ 42.5(a), 42.71(a),
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`42.73(a), 42.74. Accordingly, we grant the Joint Motion to Terminate.
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`
`
`* Paper 24, as filed, labels its first page as “12” and continues sequentially
`thereafter. Thus, page “15” is the fourth page of the Motion.
`
`2
`
`
`
`IPR2015-02002
`Patent 6,743,413 B1
`
`
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`We also determine that the parties have complied with the
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`requirements of 37 C.F.R. § 42.74(c) to have the Settlement Agreement
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`treated as business confidential information and kept separate from the files
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`of the patent at issue in this proceeding. Thus, we grant the Joint Request to
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`treat the Settlement Agreement as business confidential.
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`For the foregoing reasons, it is
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`ORDER
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`ORDERED that the Joint Motion to Terminate (Paper 24) is granted,
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`and IPR2015-02002 is terminated with respect to both Petitioner and Patent
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`Owner;
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`FURTHER ORDERED that the Joint Request that Settlement
`
`Agreement Be Treated as Business Confidential Information and Kept
`
`Separate (Paper 25) is granted; and
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`FURTHER ORDERED that Exhibit 1022 (Settlement Agreement)
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`shall be treated as confidential information to be kept separate from the
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`patent file, pursuant to 37 C.F.R. § 42.54.
`
`
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`3
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`4
`
`IPR2015-02002
`Patent 6,743,413 B1
`
`
`
`PETITIONER:
`
`Jitendra Malik
`jitty.malik@alston.com
`
`Robert Caison
`robert.caison@alston.com
`
`
`
`PATENT OWNER:
`
`Dorothy Whelan
`IPR26368-0021IP1@fr.com
`
`Gwilym Attwell
`John Lane
`PTABInbound@fr.com
`
`
`
`
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