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`Paper No. ____
`Date filed: October 2, 2020
`
`Filed On Behalf Of:
`Novartis AG and
`Hikma Pharmaceuticals International Limited
`
`By:
`Nicholas N. Kallas
`NKallas@venable.com
`ZortressAfinitorIPR@venable.com
`(212) 218-2100
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
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`——————————
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
` ——————————
`ARGENTUM PHARMACEUTICALS LLC, and WEST-WARD
`PHARMACEUTICALS INTERNATIONAL LIMITED n/k/a HIKMA
`PHARMACEUTICALS INTERNATIONAL LIMITED
`Petitioners,
`
`v.
`
`NOVARTIS AG
`Patent Owner
`——————————
`Case IPR2016-014791
`Patent No. 9,006,224
`——————————
`HIKMA AND NOVARTIS’S JOINT MOTION TO TREAT
`SETTLEMENT AGREEMENT (EX 2119) AS BUSINESS
`CONFIDENTIAL INFORMATION PURSUANT
`TO 35 U.S.C. § 317(b) AND 37 C.F.R. § 42.74(c)
`
`
`1 IPR2017-01063 and IPR2017-01078 have been joined to this proceeding (Paper
`33, September 25, 2017). Par Pharmaceutical Inc. has been terminated as a party to
`this proceeding (Paper 52, February 7, 2018).
`
`
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`
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`Pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), and pursuant to the
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`authorization to file this motion provided in an email from the Board dated
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`September 30, 2020, Petitioner West-Ward Pharmaceuticals International Limited
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`n/k/a Hikma Pharmaceuticals International Limited (“Hikma”) and Patent Owner
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`Novartis AG (“Novartis”) jointly request that the settlement agreement between
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`the parties – as referenced in the Joint Motion to Terminate IPR as to Hikma, filed
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`concurrently herewith, and designated as Exhibit 2119 – be treated as business
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`confidential information which shall be kept separate from the file of the involved
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`patent. In view of that request, the settlement agreement has been filed for access
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`by the “Board Only.”
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`For the purposes of this motion, Novartis and Hikma seek entry of a
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`Protective Order, designated as Exhibit 2120, based on the Default Standing
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`Protective Order; however, paragraphs 2(A)-(E) and 2(G) have been amended to
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`reflect that only parties Novartis and Hikma and their respective party
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`representatives and in-house counsel shall have access to confidential information,
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`such as Exhibit 2119. Neither party’s experts nor employees shall have access to
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`confidential information, including Exhibit 2119. In addition, neither Petitioner
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`Argentum Pharmaceuticals LLC, nor its representatives, in-house counsel,
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`employees, experts or support staff shall have access to exhibit 2119 which will be
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`filed for access by the “Board Only.”
`
`- 2 -
`
`
`
`Respectfully submitted,
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`Dated: October 2, 2020
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`
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`
`
`
`
`
`
`
`
`/Nicholas N. Kallas/
`Nicholas N. Kallas (Reg. No. 31,530)
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`- 3 -
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`
`
`CERTIFICATE OF SERVICE
`
`I certify that a copy of the foregoing HIKMA AND NOVARTIS’S JOINT
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`MOTION TO TREAT SETTLEMENT AGREEMENT (EX 2119) AS BUSINESS
`
`CONFIDENTIAL INFORMATION PURSUANT TO 35 U.S.C. § 317(b) AND 37
`
`C.F.R. § 42.74(c) was served on October 2, 2020, by causing it to be sent by email
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`to counsel for Petitioners at the following email addresses:
`
`
`Kevin Laurence (klaurence@lpiplaw.com)
`
`Matthew Phillips (mphillips@lpiplaw.com)
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`Tyler C. Liu (tliu@agpharm.com)
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`Keith A. Zullow (kzullow@goodwinprocter.com)
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`Marta E. Delsignore (mdesignore@goodwinprocter.com)
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`Michael B. Cottler (mcottler@goodwinlaw.com)
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`
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`Dated: October 2, 2020
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`
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`
`
`/Nicholas N. Kallas/
`Nicholas N. Kallas
`Registration No. 31,530
`Lead Counsel for Patent Owner
`VENABLE LLP
`1290 Avenue of the Americas
`New York, NY 10104-3800
`Tel. 212-218-2100
`
`- 4 -
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`
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