`
`571-272-7822
`Date Entered: Nov. 14, 2016
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MYLAN PHARMACEUTICALS, Inc.,
`Petitioner,
`
`v.
`
`SENJU PHARMACEUTICAL CO., LTD.,
`Patent Owner.
`____________
`
`Case IPR2016-01163
`Patent 8,877,168 B1
`____________
`
`
`
`
`
`Before LORA M. GREEN, JACQUILINE WRIGHT BONILLA, and
`SUSAN L. C. MITCHELL, Administrative Patent Judges.
`
`MITCHELL, Administrative Patent Judge.
`
`DECISION
`Termination of the Proceeding
`37 C.F.R. §§ 42.72 and 42.74
`
`
`
`
`
`
`
`
`
`
`IPR2016-01163
`Patent 8,877,168 B1
`
`
`
`
`
`I. DISCUSSION
`
`On August 9, 2016, the parties filed a Joint Motion to Terminate this case
`
`(Paper 7), a true copy of the parties’ settlement agreement (Ex. 1035), and a
`
`request to treat the settlement agreement as business confidential information and
`
`kept separate under 37 C.F.R. § 42.74(c) (Paper 8).
`
`This case is still in its preliminary stages. On June 8, 2016, Petitioner,
`
`Mylan Pharmaceuticals, Inc., filed a Petition requesting an inter partes review of
`
`claims 1–14 and 16–30 of U.S. Patent No. 8,877, 168 B1 (Ex. 1002, “the ’168
`
`patent”). Paper 2. We have not entered a decision on whether to institute an inter
`
`partes review.
`
`In the Joint Motion to Terminate this case, the parties represent that they
`
`have settled their dispute regarding the ’168 patent. Paper 7, 2. Specifically, the
`
`parties represent that the Confidential Settlement and License Agreement
`
`(“Agreement”) “ends all patent disputes between the parties, including this
`
`proceeding. Moreover . . . the Agreement resulted in the dismissal of the
`
`underlying civil action.” Id. at 3. Under these circumstances, we determine that it
`
`is appropriate to terminate this case without rendering any further decision. See
`
`37 C.F.R. § 42.72.
`
`In consideration of the foregoing, it is hereby:
`
`II. ORDER
`
`ORDERED that the parties’ request to treat the settlement agreement
`
`(Ex. 1035) as business confidential information under 37 C.F.R. § 42.74(c) is
`
`GRANTED; and
`
`FURTHER ORDERED that the Joint Motion to Terminate this case is
`
`GRANTED, and this case is hereby terminated.
`
`
`For PETITIONER:
`
`
`
`2
`
`
`
`3
`
`IPR2016-01163
`Patent 8,877,168 B1
`
`
`
`
`
`Jitendra Malik
`Lance Soderstrom
`Hidetada James Abe
`Joseph M. Janusz
`jitty.malik@alston.com
`lance.soderstrom@alston.com
`james.abe@alston.com
`joe.janusz@alston.com
`
`
`
`For PATENT OWNER:
`Bryan C. Diner
`Justin J. Hasford
`Joshua L. Goldberg
`Elizabeth D. Ferrill
`Bryan.Diner@finnegan.com
`Justin.Hasford@finnegan.com
`Joshua.Goldberg@finnegan.com
`Elizabeth.Ferrill@finnegan.com
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