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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`————————————————
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`————————————————
`
`MYLAN PHARMACEUTICALS INC.,
`Petitioner
`v.
`
`GENENTECH, INC. AND CITY OF HOPE,
`Patent Owners
`
`————————————————
`
`Case IPR2016-00710
`Patent 6,331,415
`
`————————————————
`
`
`
`JOINT REQUEST THAT SETTLEMENT AGREEMENT BE TREATED
`AS BUSINESS CONFIDENTIAL INFORMATION AND BE KEPT
`SEPARATE PURSUANT TO 35 U.S.C. § 317(b) AND 37 C.F.R. § 42.74
`
`
`
`
`
`
`
`
`
`

`

`
`
`Pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), Petitioner Mylan
`
`Pharmaceuticals Inc. (“Mylan” or “Petitioner”) and Patent Owner Genentech, Inc.
`
`(“Genentech”) jointly request that the Settlement Agreement between them (Ex.
`
`1089) filed concurrently herewith, as referenced in the Joint Motion to Terminate
`
`with Respect to Mylan as business confidential information, (a) be treated as
`
`business confidential information, (b) be kept separate from the file of the involved
`
`patent, and (c) be made available only as permitted pursuant to the provisions of 37
`
`U.S.C. § 317(b) and 37 C.F.R. § 42.74(c). The Settlement Agreement is between
`
`Mylan and Genentech; Petitioner Merck Sharp & Dohme Corp. (“Merck”) is not a
`
`party to the Settlement Agreement. Thus, Mylan and Genentech further request
`
`that the Settlement Agreement be maintained as viewable to the Board Only, and
`
`in particular, not accessible by Merck.
`
`Dated: March 13, 2017
`
`
`
`
`
`Respectfully submitted,
`
`/Deanne M. Mazzochi/
`Deanne M. Mazzochi (Reg. No. 50,158)
`
`RAKOCZY MOLINO MAZZOCHI
`SIWIK LLP
`6 West Hubbard Street, Suite 500
`Chicago, Illinois 60654
`Tel: (312) 222-6305
`Fax: (312) 222-6325
`dmazzochi@rmmslegal.com
`
`Counsel for Petitioner Mylan
`Pharmaceuticals Inc.
`
`
`2
`
`

`

`Dated: March 13, 2017
`
`
`Respectfully submitted,
`
`/David L. Cavanaugh /
`David L. Cavanaugh
`Reg. No. 36,476
`
`David L. Cavanaugh
`WILMER CUTLER PICKERING HALE
` AND DORR LLP
`1875 Pennsylvania Avenue NW
`Washington, DC 20006
`David.Cavanaugh@wilmerhale.com
`Telephone: 202-663-6025
`Facsimile: 202-663-6363
`
`Attorney for Genentech, Inc.
`
`
`
`
`3
`
`
`
`
`
`
`
`
`
`
`
`

`

`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e), I hereby certify that on March 13, 2017, the
`
`
`
`
`
`foregoing document is being served by E-mail by agreement of the parties to the
`
`following counsel of record:
`
`Heather M. Petruzzi
`Reg. No. 71,270
`Heather.Petruzzi@wilmerhale.com
`Adam R. Brausa
`Reg. No. 60,287
`abrausa@durietangri.com
`Jeffrey P. Kushan
`Reg. No. 43,401
`jkushan@sidley.com
`
`Katherine A. Helm
`SIMPSON THACHER & BARTLETT
`LLP
`425 Lexington Avenue
`New York, NY 10017
`General Tel: (212) 455-2000
`Direct Tel: (212) 455-3647
`Facsimile: (212) 455-2502
`khelm@stblaw.com
`
`David L. Cavanaugh
`Reg. No. 36,476
`WILMER CUTLER PICKERING HALE
` AND DORR LLP
`1875 Pennsylvania Avenue NW
`Washington, DC 20006
`David.Cavanaugh@wilmerhale.com
`Telephone: 202-663-6025
`Facsimile: 202-663-6363
`
`Raymond N. Nimrod
`Reg. No. 31,987
`QUINN EMANUEL URQUHART &
` SULLIVAN, LLP
`51 Madison Ave., 22nd Floor
`New York, NY 10010
`raynimrod@quinnemanuel.com
`
`Matthew A. Traupman
`Reg. No. 50,832
`matthewtraupman@quinnemanuel.com
`
`
`
`
`
`
`
`
`
`
`
`4
`
`

`

`
`
`
`
`
`
`Respectfully submitted,
`
` /Deanne M. Mazzochi/
`Deanne M. Mazzochi (Reg. No. 50,158)
`dmazzochi@rmmslegal.com
`RAKOCZY MOLINO MAZZOCHI SIWIK LLP
`6 West Hubbard Street, Suite 500
`Chicago, Illinois 60654
`Telephone: (312) 222-6305
`Facsimile: (312) 222-6325
`
`
`
`
`
`
`5
`
`
`
`Dated: March 13, 2017
`
`
`
`
`
`
`
`
`
`
`
`
`
`

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