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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`Taro Pharmaceuticals U.S.A., Inc.
`Petitioner,
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`v.
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`Apotex Technologies, Inc.
`Patent Owner
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`Case No.: IPR2017-01446
`Patent No. 7,049,328
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`JOINT REQUEST TO TREAT SETTLEMENT AGREEMENT AS BUSINESS
`CONFIDENTIAL UNDER 35 U.S.C. § 317(B) AND
`37 C.F.R. § 42.74(C)
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`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`Pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), Taro
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`Pharmaceuticals USA, Inc. (“Taro” or “Petitioner”) and Apotex Technologies, Inc.
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`(“Apotex” or “Patent Owner”) hereby jointly request that a true copy of their
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`settlement agreement, filed concurrently herewith as Exhibit 1069, be treated as
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`business confidential information and be kept separate from the file of IPR2016-
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`01446 involving U.S. Patent 7,049,328. Concurrently with the filing of this
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`Request, the Petitioner and Patent Owner are filing a Joint Motion to Terminate
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`this inter partes review due to the settlement between the parties.
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`Specifically, as the parties consider the settlement agreement to contain
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`highly sensitive business confidential information that would substantially harm
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`their business interests if publicly disclosed, the parties hereby jointly request that
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`the settlement agreement be kept as a separate paper to be made available only
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`under the provisions of 35 U.S.C § 317(b) and 37 C.F.R. § 42.74(c). The
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`settlement agreement has been filed for access by the “Parties and Board Only.”
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`The parties further jointly request that the Board order that in the event a person or
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`entity makes a written request, as stated in 37 C.F.R. § 42.74(c)(1)-(2), for access
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`to the settlement agreement, that any such written request be served upon the
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`parties on the day the written request is provided to the Board.
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`Dated: August 6, 2018
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`
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`Respectfully submitted,
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`
`
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`/W. Blake Coblentz/
`W. Blake Coblentz (Reg. No. 57,104)
`Aaron Lukas (Reg. No. 59,443)
`Barry Golob (pro hac vice)
`COZEN O’CONNOR
`1200 Nineteenth Street, N.W.
`Washington, D.C. 20036
`Phone: (202) 912-4837
`
`Counsel for Patent Owner
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`
`
`/Huiya Wu/
`Huiya Wu (Reg. No. 44,411)
`Sarah Fink (Reg. No. 64,886)
`GOODWIN PROCTER LLP
`620 Eighth Avenue
`New York, NY 10018
`Phone: (212) 813-8800
`Fax: (212) 355-3333
`
`Counsel for Petitioner
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`2
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e), I certify that on this August 6, 2018, I
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`caused to be served a true and correct copy of the foregoing “JOINT REQUEST
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`TO TREAT SETTLEMENT AGREEMENT AS BUSINESS CONFIDENTIAL
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`UNDER 35 U.S.C. § 317(B) AND 37 C.F.R. § 42.74(C)” via electronic mail on
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`the following attorneys of record:
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`By: /Ryan Curiel/
` Ryan Curiel
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`W. Blake Coblentz
`Aaron S. Lukas
`Barry Golob
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`Email:
`wcoblentz@cozen.com
`alukas@cozen.com
`bgolob@cozen.com
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