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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`ARGENTUM PHARMACEUTICALS LLC,
`APOTEX INC., AND APOTEX CORP.
`Petitioners
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`v.
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`ALCON RESEARCH, LTD.
`Patent Owner
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`
`Case IPR2016-005441
`Patent No. 8,791,154 B2
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`JOINT REQUEST THAT SETTLEMENT AGREEMENT (EX. 2004) BE
`TREATED AS BUSINESS CONFIDENTIAL INFORMATION AND KEPT
`SEPARATE UNDER 35 U.S.C. § 317(b) AND 37 C.F.R. § 42.74(c)
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`Pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), Petitioners
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`Argentum Pharmaceuticals LLC (“Argentum”) and Patent Owner Alcon Research,
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`Ltd. (“Alcon”) jointly request that the settlement agreement filed concurrently as
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`Exhibit 2004, and referenced in the concurrently-filed Joint Motion to Terminate
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` Petitioners Apotex Inc. and Apotex Corp. from IPR2016-01640 have been joined
`as a Petitioner to this proceeding.
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`Case IPR2016-00544
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`U.S. Patent No. 8,791,154
`Proceeding Pursuant to 35 U.S.C. § 317, be treated as business confidential
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`information and kept separate from the files of the involved patent and IPR2016-
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`00544, and only made available to Federal Government agencies upon written
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`request or to any other person upon written request and a showing of good cause.
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`Furthermore, the Board, in its email of November 29, 2016, authorized the
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`parties to upload the settlement agreements as available to the Board only in order
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`to protect the settlement agreements from being viewed by the public or by any
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`party to this proceeding. The parties request that the settlement agreements be
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`maintained as accessible to the Board only, and not by the public or by any party to
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`this proceeding.
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`Dated: November 30, 2016
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`Respectfully submitted,
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`2
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`/David M. Krinsky/
`David M. Krinsky
`Reg. No. 72,339
`Williams & Connolly LLP
`725 Twelfth Street, N.W.
`Washington, D.C. 20005
`Phone: 202-434-5338
`dkrinsky@wc.com
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`Lead Counsel for Patent Owner
`Alcon Research, Ltd.
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`/Michael R. Houston (with permission)/
`Michael R. Houston
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`
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`Reg. No. 58,486
`Foley & Lardner LLP
`3000 K St., N.W.
`Washington, D.C. 20008
`Phone: 312-832-4378
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`jmeara-PGP@foley.com
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`Lead Counsel for Petitioner
`Argentum Pharmaceuticals, LLC
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`Case IPR2016-00544
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`U.S. Patent No. 8,791,154
`CERTIFICATE OF SERVICE (37 C.F.R. § 42.6(e))
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`The undersigned hereby certifies that the foregoing “JOINT REQUEST
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`THAT SETTLEMENT AGREEMENT (EX. 2004) BE TREATED AS BUSINESS
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`CONFIDENTIAL INFORMATION AND KEPT SEPARATE UNDER 35 U.S.C.
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`§ 317(b) AND 37 C.F.R. § 42.74(c)” was served on November 30, 2016, by filing
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`this document through the PTAB E2E system as well as delivering a copy via
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`electronic mail to the following attorneys of record for the Petitioner:
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`Michael R. Houston, Ph.D. (Reg. No. 58,486)
`Joseph P. Meara, Ph.D. (Reg. No. 44,932)
`Foley & Lardner LLP, 3000 K St. N.W., Suite 600
`Washington, D.C. 20008
`jmeara-PGP@foley.com
`Counsel for Petitioner Argentum Pharmaceuticals
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`Dated: November 30, 2016
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`Respectfully submitted,
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`/David M. Krinsky/
`David M. Krinsky
`Reg. No. 72,339
`Lead Counsel for Patent Owner
`Alcon Research, Ltd.
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`3