`Tel: 571-272-7822
`
`
`Paper 18
`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 IPR2016-01326
`Patent 8,466,139 B2
`____________
`
`
`Before BRIAN P. MURPHY, ZHENYU YANG, and
`ROBERT A. POLLOCK, Administrative Patent Judges.
`
`YANG, Administrative Patent Judge.
`
`
`
`DECISION
`Termination of the Proceeding
`37 C.F.R. §§ 42.72, 42.74
`
`
`
`
`
`
`
`
`
`
`Case IPR2016-01326
`Patent 8,466,139 B2
`
`
`On January 9, 2017, the parties filed a Joint Motion to Terminate this
`
`proceeding pursuant to 35 U.S.C. § 317(a). Paper 15. 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 16), along with
`
`a Joint Request That Settlement Agreement Be Treated as Business
`
`Confidential Information, to be kept separate from the publicly available
`
`patent files (Paper 17).
`
`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 Proceeding is
`
`GRANTED and the proceeding is hereby TERMINATED; and
`
`FURTHER ORDERED that the Joint Request That Settlement
`
`Agreement Be Treated as Business Confidential Information is GRANTED,
`
`and the Settlement and License Agreement will be kept separate from the
`
`
`
`patent files.
`
`
`
`
`
`2
`
`
`
`Case IPR2016-01326
`Patent 8,466,139 B2
`
`For PETITIONER:
`
`Brandon White
`Crystal Canterbury
`PERKINS COIE LLP
`BMWhite@perkinscoie.com
`CCanterbury@perkinscoie.com
`
`For 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
`
`
`
`
`
`3
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