throbber
Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`
`
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`
`
`
`
`
`
`Paper 19
`Date: May 19, 2017
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`AMNEAL PHARMACEUTICALS LLC,
`Petitioner,
`
`v.
`
`HOSPIRA INC.,
`Patent Owner.
`
`
`Case IPR2016-01579
`Patent 8,455,527 B1
`
`
`
`
`Before MICHAEL J. FITZPATRICK, SHERIDAN K. SNEDDEN, and
`ZHENYU YANG, Administrative Patent Judges.
`
`FITZPATRICK, Administrative Patent Judge.
`
`
`ORDER
`Termination of Inter Partes Review
`35 U.S.C. § 317; 37 C.F.R. § 42.72
`
`
`
`
`

`

`IPR2016-01579
`Patent 8,455,527 B1
`
`
`With our authorization, Petitioner and Patent Owner filed a Joint
`
`Motion To Terminate The Inter Partes Review. Paper 17 (“Mot.”); see
`
`35 U.S.C. § 317(a); 37 C.F.R. § 42.72 (“The Board may terminate a trial
`
`without rendering a final written decision, where appropriate, including . . .
`
`pursuant to a joint request under 35 U.S.C. 317(a).”).
`
`Petitioner and Patent Owner state that they have agreed to settle their
`
`dispute involving the patent at issue in this inter partes review, U.S. Patent
`
`No. 8,455,527. Mot. 1.
`
`Contemporaneously with the Joint Motion, the parties also filed a
`
`copy of their written settlement agreement (Exhibit 1067) as well as a joint
`
`request (Paper 18) to treat the settlement agreement as business confidential
`
`information under the provisions of 35 U.S.C. § 317(b) and 37 C.F.R.
`
`§ 42.74(c).
`
`Accordingly, it is:
`
`ORDERED that the Joint Motion To Terminate The Inter
`
`Partes Review is granted; and
`
`
`
`FURTHER ORDERED that the joint request to have the
`
`settlement agreement (Ex. 1067) be treated as business confidential
`
`information, kept separate from the file of U.S. Patent No. 8,455,527, and
`
`made available only to Federal Government agencies on written request, or
`
`to any person on a showing of good cause, under the provisions of 35 U.S.C.
`
`§ 317(b) and 37 C.F.R. § 42.74(c), is granted.
`
`
`
`
`
`
`
`2
`
`

`

`IPR2016-01579
`Patent 8,455,527 B1
`
`PETITIONER:
`
`Paul Tully
`tully@mbhb.com
`
`Kevin Noonan
`noonan@mbhb.com
`
`Andrea Orth
`orth@mbhb.com
`
`PATENT OWNER:
`
`Sandra Lee
`Sandra.lee@bakerbotts.com
`
`Eliot Williams
`Eliot.williams@bakerbotts.com
`
`Stephen Hash
`Stephen.hash@bakerbotts.com
`
`
`3
`
`

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