`Patent 8,338,470
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`
`JOINT REQUEST TO FILE SETTLEMENT AGREEMENT AS BUSINESS
`CONFIDENTIAL INFORMATION
`PURSUANT TO 35 U.S.C. § 317
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
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`AMNEAL PHARMACEUTICALS LLC,
`Petitioner
`
`v.
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`HOSPIRA, INC.,
`Patent Owner
`_____________
`
`Case No. IPR2016-01578
`Patent No. 8,338,470
`_____________
`
`
`
`
`
`Case IPR2016-01578
`Patent 8,338,470
`Pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), Patent Owner
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`Hospira, Inc. (“Patent Owner”) and Petitioner Amneal Pharmaceuticals LLC
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`(“Amneal”) (jointly, the “Parties”) jointly request that a copy of the Settlement
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`Agreement, referenced as Exhibit 1067 to the Joint Motion to Terminate
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`Proceeding and filed concurrently herewith, be treated in its entirety as business
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`confidential information, and be kept separate from the file of the involved patent.
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`The Parties jointly requested authorization to file the instant Motion and a Joint
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`Motion to Terminate (filed concurrently herewith) on April 17, 2017. The Board
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`authorized filing of the Motions in an email dated April 26, 2017.
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` Exhibit 1067 is being submitted in the PRPS system as “Board Only.” The
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`Parties further request the Board to not make Exhibit 1067 available to any third
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`party, except as provided for in 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c).
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`Dated: May 3, 2017
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`Dated: May 3, 2017
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`Respectfully Submitted,
`
`By: / Paul S. Tully /
`Paul S. Tully
`USPTO Reg. 44,377
`Lead Counsel for Petitioners
`McDonnell Boehnen Hulbert
`& Berghoff LLP
`300 S. Wacker Drive
`Chicago, Illinois 60606
`
`By: / Sandra S. Lee /
`Sandra S. Lee
`USPTO Reg. 51,932
`Lead Counsel for Patent Owner
`Baker Botts L.L.P.
`
`Joint Request
`
`Page 1
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`Case IPR2016-01578
`Patent 8,338,470
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`30 Rockefeller Plaza
`New York, NY 10112
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`
`Joint Request
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`Page 2
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`Case IPR2016-01578
`Patent 8,338,470
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`CERTIFICATE OF SERVICE
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`I hereby certify that on May 3, 2017, a true copy of the accompanying
`
`JOINT REQUEST TO FILE SETTLEMENT AGREEMENT AS BUSINESS
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`CONFIDENTIAL INFORMATION PURSUANT TO 35 U.S.C. § 317 was served
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`on the Patent Owner via electronic mail to the following correspondence addresses:
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`Sandra S. Lee: sandra.lee@bakerbotts.com
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`Eliot D. Williams: eliot.williams@bakerbotts.com
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`Stephen Hash: stephen.hash@bakerbotts.com
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`Respectfully submitted,
`/ Paul S. Tully /
`Paul S. Tully
`USPTO Reg. 44,377
`Lead Counsel for Petitioners
`McDonnell Boehnen Hulbert
`& Berghoff LLP
`300 S. Wacker Drive
`Chicago, Illinois 60606
`Phone: (312) 913-0001
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`
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`Joint Request
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`Page 3
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