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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. 2005) 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 Apotex
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`Inc. and Apotex Corp. (“Apotex”) and Patent Owner Alcon Research, Ltd.
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`(“Alcon”) jointly request that the settlement agreement filed concurrently as
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`Exhibit 2005, 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
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`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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`/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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`2
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`/Teresa Stanek Rea (with permission)/
`Teresa Stanek Rea
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`
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`Reg. No. 30,427
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`Crowell & Moring LLP
`Intellectual Property Group
`1001 Pennsylvania Ave., N.W.
`Washington, D.C. 20004-2595
`Phone: 202-624-2620
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`trea@crowell.com
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`Lead Counsel for Petitioners
`Apotex Inc. and Apotex Corp.
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`
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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. 2005) 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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`Teresa Stanek Rea (Reg. No. 30,427)
`TRea@Crowell.com
`Telephone No.: (202) 624-2620
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`Deborah H. Yellin (Reg. No. 45,904)
`DYellin@Crowell.com
`Telephone No.: (202) 624-2947
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`Vincent J. Galluzzo (Reg. No. 67,830)
`VGalluzzo@Crowell.com
`Telephone No.: (202) 624-2781
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`CROWELL & MORING LLP
`Intellectual Property Group
`1001 Pennsylvania Avenue, N.W.
`Washington, DC 20004-2595
`Facsimile No.: (202) 628-5116
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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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