`
`
`
`Paper No. ____
`Date filed: January 23, 2018
`
`Filed On Behalf Of:
`Novartis AG and Par Pharmaceutical, Inc.
`
`By:
`Nicholas N. Kallas
`NKallas@fchs.com
`ZortressAfinitorIPR@fchs.com
`(212) 218-2100
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`——————————
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
` ——————————
`
`PAR PHARMACEUTICAL, INC.,
`ARGENTUM PHARMACEUTICAL LLC, AND
`WEST-WARD PHARMACEUTICALS
`INTERNATIONAL LIMITED
`Petitioners,
`
`v.
`
`NOVARTIS AG
`Patent Owner
`——————————
`Case IPR2016-014791
`Patent No. 9,006,224
`——————————
`
`PAR AND NOVARTIS’S JOINT MOTION TO TREAT
`SETTLEMENT AGREEMENT (EX 2118) AS BUSINESS
`CONFIDENTIAL INFORMATION PURSUANT
`TO 35 U.S.C. § 317(b) AND 37 C.F.R. § 42.74(c)
`
`
`
`
`1 Argentum Pharmaceutical LLC was joined as a party to this proceeding via a
`Motion for Joinder in IPR2017-01063; West-Ward Pharmaceuticals International
`Limited was joined as a party via a Motion for Joinder in IPR2017-01078.
`
`
`
`
`
`
`
`Pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), and pursuant to the
`
`authorization to file this motion provided in an email from the Board dated January
`
`11, 2018, Petitioner Par Pharmaceutical, Inc. (“Par”) and Patent Owner Novartis
`
`AG (“Novartis”) jointly request that the settlement agreement between the parties –
`
`as referenced in the Joint Motion to Terminate Proceeding, filed concurrently
`
`herewith, and designated as Exhibit 2118 – as business confidential information
`
`which shall be kept separate from the file of the involved patent. In view of that
`
`request, the settlement agreement has been filed for access by the “Board Only.”
`
`For the purposes of this motion, Novartis and Par seek entry of the Default
`
`Standing Protective Order; however, under paragraphs 2(A)-(E) and 2(G), only
`
`parties Novartis and Par and their respective party representatives and in house
`
`counsel shall have access to Exhibit 2118. Neither party’s experts nor employees
`
`shall have access to this exhibit. In addition, neither West-Ward nor Argentum,
`
`nor their respective representatives, in house counsel, employees, experts or
`
`support staff shall have access to this exhibit which will be filed for access by the
`
`“Board Only.”
`
`
`Respectfully submitted,
`
`
`
`
`
`- 2 -
`
`
`
`
`
`Dated: January 23, 2018
`
`
`
`
`
`
`
`
`
`
`
`
`
`/Nicholas N. Kallas/
`Nicholas N. Kallas
`Registration No. 31,530
`Lead Counsel for Patent Owner
`FITZPATRICK, CELLA, HARPER
`& SCINTO
`1290 Avenue of the Americas
`New York, NY 10104-3800
`Tel. 212-218-2100
`
`- 3 -
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I certify that a copy of the foregoing PAR AND NOVARTIS’S JOINT
`
`MOTION TO TREAT SETTLEMENT AGREEMENT (EX 2118) AS BUSINESS
`
`CONFIDENTIAL INFORMATION PURSUANT TO 35 U.S.C. § 317(b) AND 37
`
`C.F.R. § 42.74(c) was served on January 23, 2018 by causing it to be sent by email
`
`to counsel for Petitioners at the following email addresses:
`
`
`Daniel G. Brown (daniel.brown@lw.com)
`
`Jonathan M. Strang (jonathan.strang@lw.com)
`
`Brenda L. Danek (brenda.danek@lw.com)
`
`Kevin Laurence (klaurence@lpiplaw.com)
`
`Matthew Phillips (mphillips@lpiplaw.com)
`
`Tyler C. Liu (tliu@agpharm.com)
`
`Keith A. Zullow (kzullow@goodwinprocter.com)
`
`Marta E. Delsignore (mdesignore@goodwinprocter.com)
`
`
`
`Dated: January 23, 2018
`
`
`
`
`
`
`
`- 4 -
`
`
`
`/Nicholas N. Kallas/
`Nicholas N. Kallas
`Registration No. 31,530
`Lead Counsel for Patent Owner
`FITZPATRICK, CELLA, HARPER
`& SCINTO
`1290 Avenue of the Americas
`New York, NY 10104-3800
`Tel. 212-218-2100
`
`
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