`571-272-7822
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`Paper No. 14
`Entered: April 1, 2016
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`PAR PHARMACEUTICAL, INC.
`Petitioner
`
`v.
`
`
`
`NOVARTIS AG.
`Patent Owner
`____________
`
` Case IPR2016-00074 (7,741,338)
`Case IPR2015-0075 (7,297,703)
` ____________
`
`
`Before LORA M. GREEN, CHRISTOPHER L. CRUMBLEY, and
`ROBERT A. POLLOCK, Administrative Patent Judges.
`
`POLLOCK, Administrative Patent Judge.
`
`
`ORDER
`Termination of Proceedings
`37 C.F.R. § 42.72
`
`
`
`On March 23, 2016, the parties filed Joint Motions to Terminate the
`instant proceedings, accompanied by true copies of an agreement between
`the parties to seek termination and Joint Requests to treat the agreement as
`business confidential, to be kept separate from the patent file. Papers 9, 10,
`and Exhibit 1010 in IPR2016-00074; Papers 8, 9, and Exhibit 1016 in
`IPR2016-00075; see 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c). On
`March 31, 2016, the parties filed true copies of an additional agreement
`
`
`
`
`
`
`
`Case IPR2016-00074 (7,741,338)
`Case IPR2015-00075 (7,297,703)
`
`relevant to the instant proceedings, along with Joint Requests to treat this
`agreement as business confidential, to be kept separate from the patent file.
`Papers 12, 13, and Exhibit 1011 in IPR2016-00074; Papers 11, 12, and
`Exhibit 1017 in IPR2016-00075.
`Petitioner filed Petitions for inter partes review of U.S. Patent Nos.
`7,741,338 and 7,297,703 on October 26, 2015. Paper 2 in each of IPR2016-
`00074 and IPR2016-00075. As no trial has been instituted based on either
`of these petitions, all proceedings are in the preliminary proceeding1 stage.
`Based on the facts of these cases, it is appropriate to terminate the
`proceedings without instituting trial. Therefore, the Joint Motions to
`Terminate the proceedings are GRANTED.
`
`Accordingly, it is
`ORDERED that the Joint Requests that the parties’ agreements
`(Exhibit 1010 and 1011 in IPR2016-00074; Exhibit 1016 and 1017 in
`IPR2016-00075) be treated as business confidential information, to be kept
`separate from the patent file are GRANTED;
`
`FURTHER ORDERED that the Joint Motions to terminate the
`proceedings are GRANTED; and
`
`FURTHER ORDERED that the instant proceedings are
`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
`
`
`
`
`
`Case IPR2016-00074 (7,741,338)
`Case IPR2015-00075 (7,297,703)
`
`
`
`
`PETITIONER:
`
`Daniel G. Brown
`Robert Steinberg
`LATHAM & WATKINS LLP
`dan.brown@lw.com
`bob.steinberg@lw.com
`
`PATENT OWNER:
`
`Nicholas N. Kallas
`Raymond Mandra
`FITZPATRICK, CELLA, HARPER & SCINTO
`nkallas@fchs.com
`rmandra@fchs.com
`ZortressAfinitorIPR@fchs.com
`
`
`3
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