`571-272-7822
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`Paper No. 8
`Entered: May 2, 2017
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`AMERIGEN PHARMACEUTICALS LIMITED,
`Petitioner,
`
`v.
`
`
`
`SHIRE LLC,
`Patent Owner.
`_______________
`
`Case IPR2017-00665
`Patent 8,846,100 B2
`
`_______________
`
`
`Before TONI R. SCHEINER, LORA M. GREEN, and
`SHERIDAN K. SNEDDEN, Administrative Patent Judges.
`
`GREEN, Administrative Patent Judge.
`
`
`DECISION
`Granting Joint Motion to Terminate before Institution
`35 U.S.C. § 317; 37 C.F.R. § 42.72, 42.74
`
`
`
`On April 26, 2017, the parties filed a joint motion to terminate the
`instant proceeding (Paper 6), accompanied by a true copy of the Settlement
`and Collateral Agreements (Ex. 2001). The parties additionally filed a joint
`request to treat the agreements as business confidential, to be kept separate
`from the patent file, pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c)
`(Paper 7).
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`
`
`IPR2017-00665
`Patent 8,846,100 B2
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`
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`The parties indicate in their joint motion to terminate that they have
`“reached a settlement of all issues in this proceeding.” Paper 6, 1. The
`parties indicate further that “there are no district court actions between
`Petitioner and Patent Owner involving” the patent at issue in the instant
`proceeding. Id. at 2.
`This proceeding is in a preliminary stage. Patent Owner has not filed
`a preliminary response and no decision on whether to institute trial has been
`made. Under the circumstances presented here, we determine that it is
`appropriate to terminate this preliminary proceeding with respect to both
`Petitioner and Patent Owner. Accordingly, we grant the parties’ joint
`motion to terminate. We also grant the parties’ joint request to treat the
`settlement agreement as business confidential information, to be kept
`separate from the patent file.
`Accordingly, it is
`ORDERED that the joint request to treat the settlement agreement
`treated as business confidential information, to be kept separate from the
`patent file, is GRANTED;
`
`FURTHER ORDERED that the joint motion to terminate the
`proceedings is GRANTED; and
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`FURTHER ORDERED that the instant proceeding is TERMINATED.
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`2
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`IPR2017-00665
`Patent 8,846,100 B2
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`PETITIONER:
`Marc Wezowski
`Philip Segrest
`HUSCH BLACKWELL LLP
`marc.wezowski@huschblackwell.com
`philip.segrest@huschblackwell.com
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`
`
`PATENT OWNER:
`Joseph Robinson
`Robert Schaffer
`Dustin Weeks
`Troutman Sanders LLP
`joseph.robinson@troutmansanders.com
`robert.schaffer@troutmansanders.com
`dustin.weeks@troutmansanders.com
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`3
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