`571.272.7822
`
`
`
`
`
` Paper No. 20
` Entered: September 6, 2017
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`FAMY CARE LIMITED,
`Petitioner,
`
`v.
`
`ALLERGAN, INC.,
`Patent Owner.
`_______________
`
`Case IPR2017-00566 (US 8,648,048 B2)
`Case IPR2017-00567 (US 8,629,111 B2)
`Case IPR2017-00568 (US 8,633,162B2)
`Case IPR2017-00569 (US 9,248,191 B2)
`Case IPR2017-00570 (US 8,624,556 B2)
`Case IPR2017-00571 (US 8,685,930 B2)1
`_______________
`
`Before SHERIDAN K. SNEDDEN, TINA E. HULSE, and
`CHRISTOPHER G. PAULRAJ, Administrative Patent Judges.
`
`HULSE, Administrative Patent Judge.
`
`
`
`
`TERMINATION
`35 U.S.C. § 317(a); 37 C.F.R. § 42.72
`
`
`
`1 This order addresses issues that are common to the above-referenced cases.
`We, therefore, issue a single order that has been entered in each case.
`
`
`
`
`
`IPR2017-00566 (US 8,648,048 B2); IPR2017-00567 (US 8,629,111 B2);
`IPR2017-00568 (US 8,633,162B2); IPR2017-00569 (US 9,248,191 B2);
`IPR2017-00570 (US 8,624,556 B2); IPR2017-00571 (US 8,685,930 B2)
`
` On August 29, 2017, the parties filed a joint motion to terminate the
`proceeding in each of the above-referenced cases under 35 U.S.C. § 317(a).
`Paper 18.2 The parties also filed a copy of the settlement documents
`(Exhibits 1035–1037) along with a joint request that the settlement
`documents be treated as business confidential information under 35 U.S.C.
`§ 317(b) and 37 C.F.R. § 42.74 (Paper 17).
`Under 35 U.S.C. § 317(a), “[a]n inter partes review instituted under
`this chapter shall be terminated with respect to any petitioner upon the joint
`request of the petitioner and the patent owner, unless the Office has decided
`the merits of the proceeding before the request for termination is filed.”
`Generally, the Board expects that a proceeding will terminate after the
`filing of a settlement agreement. See, e.g., Office Patent Trial Practice
`Guide, 77 Fed. Reg. 48,756, 48,768 (Aug. 14, 2012). On July 12, 2017, the
`Board instituted an inter partes review under 35 U.S.C. § 314 in each of the
`above-referenced proceedings. Paper 12. Patent Owner has not yet filed a
`Patent Owner Response, and Petitioner has not filed a Reply. More
`importantly, no final written decision has been entered in this proceeding.
`The Board is persuaded that, under these circumstances, it is
`appropriate to terminate this proceeding. See 37 C.F.R. § 42.72.
`Accordingly, it is
`ORDERED that the parties’ request that the settlement documents
`(Exhibits 1035–1037) be treated as business confidential information, to be
`kept separate from the patent file, is GRANTED;
`
`
`2 Paper numbers and exhibits refer to those filed in IPR2017-00566. Similar
`papers and exhibits were filed in each of the other cases.
`
`2
`
`
`
`IPR2017-00566 (US 8,648,048 B2); IPR2017-00567 (US 8,629,111 B2);
`IPR2017-00568 (US 8,633,162B2); IPR2017-00569 (US 9,248,191 B2);
`IPR2017-00570 (US 8,624,556 B2); IPR2017-00571 (US 8,685,930 B2)
`
`
`FURTHER ORDERED that the joint motions to terminate the above-
`referenced proceedings are GRANTED;
`FURTHER ORDERED that the inter partes reviews in IPR2017-
`00566, IPR2017-00567, IPR2017-00568, IPR2017-00569, IPR2017-00570,
`and IPR2017-00571 are TERMINATED.
`
`
`
`PETITIONER:
`
`Deanne M. Mazzochi
`John D. Polivick
`Patrick Abbott
`RAKOCZY MOLINO MAZZOCHI SIWIK LLP
`dmazzochi@rmmslegal.com
`jpolivick@rmmslegal.com
`pabbott@rmmslegal.com
`
`
`PATENT OWNER:
`
`Dorothy P. Whelan
`Michael Kane
`Tasha M. Francis
`RICHARDSON & FISH P.C.
`whelan@fr.com
`kane@fr.com
`tfrancis@fr.com
`
`
`3
`
`
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