`571-272-7822
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`Paper No. 11
`Entered: May 23, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`RANBAXY INC.,
`Petitioner,
`v.
`
`JAZZ PHARMACEUTICALS, INC. and
`JAZZ PHARMACEUTICALS IRELAND LTD,
`Patent Owner.
`____________
`
`Case IPR2016-00738
`Patent 9,050,302 B2
`____________
`
`
`
`
`
`Before ERICA A. FRANKLIN, JACQUELINE WRIGHT BONILLA, and
`ZHENYU YANG, Administrative Patent Judges.
`
`FRANKLIN, Administrative Patent Judge.
`
`JUDGMENT
`Termination of the Proceeding
`37 C.F.R. §§ 42.72 – 42.74
`
`
`
`
`
`
`IPR2016-00738
`Patent 9,050,302 B2
`
`
`On May 12, 2016, the parties filed a joint motion to terminate the
`proceeding under 35 U.S.C § 317 (a). Paper 9. In addition, citing to
`35 U.S.C § 317 (b) and 37 C.F.R. §§ 42.72 and 42.74, the parties filed a true
`copy of their written settlement agreement, Ex. 2002, and a joint request that
`the settlement agreement be treated as business confidential information and
`kept separate from the file of US Patent No. 9,050,302 B2, Paper 10.
`In the joint motion, the parties explain that termination of the
`proceeding is appropriate because they have reached an agreement settling
`their dispute with respect to US Patent No. 9,050,302 B2. Paper 9, 2. The
`parties explain also that they have filed a “Stipulation and Order of
`Dismissal” in the related district court litigation, Jazz Pharmaceuticals, Inc.
`v. Amneal Pharmaceuticals, LLC, 13-391-ES-JAD (D.N.J.). Id.
`This case is in the preliminary proceeding1 stage; a decision whether
`to institute trial has not been made. Under these circumstances, we
`determine that it is appropriate to enter judgment2 terminating this
`proceeding. Additionally, the parties’ request for the settlement agreement
`to be treated as business confidential information and kept separate from the
`file of US Patent No. 9,050,302 B2 is granted.
`
`
`
`
`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 A judgment means a final written decision by the Board, “or a termination
`of a proceeding.” 37 C.F.R. § 42.2.
`
`
`
`
`2
`
`
`
`IPR2016-00738
`Patent 9,050,302 B2
`
`
`Accordingly, it is
`ORDERED that the joint motion to terminate the proceeding is
`granted; and
`FURTHER ORDERED that the joint request that the settlement
`agreement, Ex. 2002, be treated as business confidential information and
`kept separate from the file of the involved patent under the provisions of
`35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c) is granted; and
`FURTHER ORDERED that the proceeding is terminated.
`
`
`
`For PETITIONER:
`Joseph M. Reisman
`Carol Pitzel Cruz
`Kerry S. Taylor
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`Joseph.Reisman@knobbe.com
`Carol.PitzelCruz@knobbe.com
`Kerry.Taylor@knobbe.com
`
`
`
`For PATENT OWNER:
`
`F. Dominic Cerrito
`Evangeline Shih
`Frank C. Calvosa
`QUINN EMANUEL URQUHART & SULLIVAN, LLP
`nickcerrito@quinnemanuel.com
`evangelineshih@quinnemanuel.com
`frankcalvosa@quinnemanuel.com
`
`
`
`
`3
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