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`Paper No. ___
`Filed: September 29, 2017
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_____________________________
`
`
`MYLAN TECHNOLOGIES INC.,
`Petitioner,
`
`v.
`
`MONOSOL RX, LLC,
`Patent Owner.
`
`_____________________________
`
`Case IPR2017-00200
`Patent No. 8,603,514
`
`_____________________________
`
`JOINT REQUEST TO FILE SETTLEMENT AGREEMENT
`AS BUSINESS CONFIDENTIAL INFORMATION AND TO MAINTAIN
`SAID AGREEMENT SEPARATE FROM THE PUBLIC FILE PURSUANT
`TO 35 U.S.C. § 317(b) AND 37 C.F.R. § 42.74(c)
`
`
`
`
`
`
`
`Case IPR2017-00200
`Patent 8,603,514
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`Pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c) and the Board’s
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`authorization of September 28, 2017, Petitioner Mylan Technologies, Inc. and
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`Patent Owner MonoSol Rx, LLC, jointly request to treat as business confidential
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`information the true and complete copy of the Settlement Agreement (Confidential
`
`Exhibit 1030) between the parties, as referenced in the parties’ Joint Motion to
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`Terminate Pursuant to 35 U.S.C. § 317 and 37 C.F.R. § 42.74, filed concurrently
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`herewith.
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`35 U.S.C. § 317(b) provides that:
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`At the request of a party to the proceeding, the agreement or
`understanding shall be treated as business confidential information,
`shall be kept separate from the file of the involved patents, and shall
`be made available only to Federal Government agencies on written
`request, or to any person on a showing of good cause.
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`Likewise, 37 C.F.R. § 42.74(c) provides that:
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`A party to a settlement may request that the settlement be treated as
`business confidential information and be kept separate from the files
`of an involved patent or application. The request must be filed with
`the settlement. If a timely request is filed, the settlement shall only be
`available:
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`(1) To a Government agency on written request to the Board; or
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`-1-
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`Case IPR2017-00200
`Patent 8,603,514
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`(2) To any other person upon written request to the Board to make the
`settlement agreement available, along with the fee specified in
`§ 42.15(d) and on a showing of good cause.
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`The present request, which is being filed contemparaneously with the
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`parties’ Settlement Agreement, is timely and in accordance with the foregoing
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`authority. Therefore, the parties request that the Settlement Agreement
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`(Confidential Exhibit 1030) (i) be treated as business confidential information, (ii)
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`be maintained separate from the publicly available file of the involved patent, and
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`(iii) shall be made available only to Federal Government agencies on written
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`request, or to persons showing good cause on written request, pursuant to 35
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`U.S.C. § 317(b) and 37 C.F.R. § 42.74(c).
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`
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`Dated: September 28, 2017
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`Respectfully submitted,
`
`
`By / Steven W. Parmelee /
`Steven W. Parmelee
`Reg. No. 31,990
`WILSON, SONSINI, GOODRICH &
`ROSATI
`701 Fifth Avenue, Suite 5100
`Seattle, WA 98104-7036
`Tel: (206)883-2500
`Fax: (206) 883-2699
`
`Attorneys for Petitioner
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`Case IPR2017-00200
`Patent 8,603,514
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`
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`By /Harold H. Fox/ ______________
`Harold H. Fox
`Registration No. 41,498
`STEPTOE & JOHNSON LLP
`1330 Connecticut Avenue, NW
`Washington, DC 20036-1795
`Tel: (202) 429-6284
`Fax: (202) 429-3902
`hfox@steptoe.com
`
`Attorneys for Patent Owner
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`Case IPR2017-00200
`Patent 8,603,514
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`CERTIFICATE OF SERVICE
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`
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`This is to certify that I caused to be served a true and correct copy of the
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`foregoing Joint Request to File Settlement Agreement as Business Confidential
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`Information and to Maintain Said Agreement Separate From the Public File
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`Pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), on this 29th day of
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`September, 2017, on the Patent Owner at the correspondence address of the Patent
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`Owner as follows:
`
`Harold Fox
`STEPTOE & JOHNSON LLP
`1330 Connecticut Avenue, NW
`Washington, DC 20036-1795
`Email: hfox@steptoe.com
`Email: 514MIPR@steptoe.com
`
`
`John L. Abramic
`STEPTOE & JOHNSON LLP
`115 South LaSalle Street, Suite 3100
`Chicago, IL 60603
`Email: jabramic@steptoe.com
`
`
`
`
`
`Charanjit Brahma
`TROUTMAN SANDERS
`580 California Street, Suite 1100
`San Francisco, CA 94104
`Email:
`charanjit.brahma@troutmansanders.com
`
`Dustin B. Weeks
`TROUTMAN SANDERS
`600 Peachtree Street, NE, Suite 5200
`Atlanta, GA 30308
`Email:
`dustin.weeks@troutmansanders.com
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`Dated: September 29, 2017
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`
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`
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`Respectfully submitted,
`
`/ Steven W. Parmelee /
` Steven W. Parmelee, Lead Counsel
` Reg. No. 31,990
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`
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`-4-
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