`Entered: December 8, 2016
`571-272-7822
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ARGENTUM PHARMACEUTICALS LLC,
`Petitioner,
`
`v.
`
`ALLERGAN, INC.,
`Patent Owner.
`____________
`
`Case IPR2016-01232
`Patent 8,629,111 B2
`____________
`
`
`
`Before SHERIDAN K. SNEDDEN, TINA E. HULSE, and
`CHRISTOPHER G. PAULRAJ, Administrative Patent Judges.
`
`PAULRAJ, Administrative Patent Judge.
`
`TERMINATION
`Dismissing the Proceeding
`37 C.F.R. § 42.5(a), 37 C.F.R. § 42.71(a)
`
`
`
`
`
`
`
`
`IPR2016-01232
`Patent 8,629,111 B2
`
`
`The parties have requested that this proceeding be terminated pursuant
`to settlement of the dispute regarding U.S. Patent No. 8,629,111 B2. Paper
`10. With their motion to terminate, the parties also filed a copy of a written
`settlement agreement (Paper 11) that they request be kept confidential and
`separate from the patent file (Paper 12). 35 U.S.C. § 317(b).
`This case is in the preliminary proceeding stage;1 no institution of a
`trial has been made. Based on the facts of this case, we determine that it is
`appropriate to dismiss the case without rendering a decision as to whether a
`trial will be instituted.
`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 (Paper 11) be treated as business confidential information and
`kept separate from the file of the involved patents 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 dismissed.
`
`
`
`
`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
`
`
`
`IPR2016-01232
`Patent 8,629,111 B2
`
`PETITIONER:
`Matthew Dowd
`John Murray
`ANDREWS KURTH, LLP
`MatthewDowd@andrewskurth.com
`JohnMurray@andrewskurth.com
`
`PATENT OWNER:
`Dorothy Whelan
`Michael Kane
`FISH & RICHARDSON P.C.
`IPR13351-0008IP7@fr.com
`PTABInbound@fr.com
`
`
`
`
`
`3