throbber
Trials@uspto.gov
`571.272.7822
`
`
`
`
`
`Paper No. 14
`
` Entered: January 10, 2017
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MYLAN PHARMACEUTICALS INC.,
`Petitioner,
`
`v.
`
`ASTRAZENECA AB,
`Patent Owner.
`____________
`
`Case IPR2016-01324
`Patent 7,456,160 B2
`____________
`
`
`Before BRIAN P. MURPHY, ZHENYU YANG, and
`ROBERT A. POLLOCK, Administrative Patent Judges.
`
`POLLOCK, Administrative Patent Judge.
`
`DECISION
`Termination of the Proceeding
`37 C.F.R. §§ 42.72, 42.74
`
`
`
`
`
`
`
`On January 9, 2017, the parties filed a Joint Motion to Terminate this
`
`proceeding pursuant to 35 U.S.C. § 317(a). Paper 11. In addition, pursuant
`
`to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), the parties filed a true and
`
`correct copy of a Settlement and License Agreement (Paper 12), along with
`
`
`
`

`
`Case IPR2016-01324
`Patent 7,456,160 B2
`
`
`a Joint Request That Settlement Agreement Be Treated as Business
`
`Confidential Information, to be kept separate from the publicly available
`
`patent files (Paper 13).
`
`This case is in the preliminary stage. No decision on whether to
`
`institute a trial has been made. Under the circumstances, it is appropriate to
`
`terminate the proceeding. Therefore, the Joint Motion to Terminate this
`
`proceeding is GRANTED.
`
`
`
`Accordingly, it is
`
`ORDERED that the joint motion to terminate the proceeding is
`
`GRANTED and the proceeding is hereby terminated;
`
`FURTHER ORDERED that the parties’ joint request that the
`
`settlement agreement be treated as business confidential information is
`
`GRANTED. Pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c),
`
`Paper 12 shall be treated as business confidential information, kept separate
`
`from the file of the involved patents, and made available only to Federal
`
`Government agencies on written request, or to any person on a showing of
`
`good cause.
`
`
`
`
`
`
`
`2
`
`

`
`3
`
`Case IPR2016-01324
`Patent 7,456,160 B2
`
`
`PETITIONER:
`
`Brandon M. White
`Crystal R. Canterbury
`PERKINS COIE LLP
`BMWhite@PerkinsCoie.com
`CCanterbury@PerkinsCoie.com
`
`PATENT OWNER:
`
`Filko Prugo
`Caitlin Hogan
`Marc Pensabene
`John Murray
`O’MELVENY & MYERS LLP
`fprugo@omm.com
`chogan@omm.com
`mpensabene@omm.com
`kmurray2@omm.com

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