`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________________
`
`APOTEX INC. AND APOTEX CORP.
`Petitioners,
`
`v.
`
`ABRAXIS BIOSCIENCE, LLC
`Patent Owner
`_______________________
`
`Case IPR2018-00151
`Case IPR2018-00152
`Case IPR2018-00153
`
`U.S. Patent 8,138,229
`U.S. Patent 7,820,788
`U.S. Patent 7,923,536
`_______________________
`
`
`JOINT REQUEST TO FILE SETTLEMENT MATERIALS
`AS BUSINESS CONFIDENTIAL INFORMATION AND TO MAINTAIN
`SAID MATERIALS SEPARATE FROM THE PUBLIC FILE PURSUANT
`TO 35 U.S.C. § 317(b) AND 37 C.F.R. § 42.74(c)
`
`
`
`
`
`
`
`
`Pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c) and the Board’s
`
`authorization of June 15, 2018, Petitioners Apotex Inc. and Apotex Corp. and
`
`Patent Owner Abraxis Bioscience, LLC jointly request to treat as business
`
`confidential information the true and complete copy of the settlement materials
`
`(with exhibits, Confidential Exhibit 2093) between the parties, as referenced in the
`
`parties’ Joint Motion to Terminate.
`
`35 U.S.C. § 317(b) provides that:
`
`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.
`
`Likewise, 37 C.F.R. § 42.74(c) provides that:
`
`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:
`(1) To a Government agency on written request to the Board; or
`(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.
`
`
`
`- 1 -
`
`
`
`The present request, which is being filed contemporaneously with the
`
`settlement materials, is timely and in accordance with the foregoing authority.
`
`Therefore, parties request that the settlement materials (with exhibits, Confidential
`
`Exhibit 2093) (i) be treated as business confidential information, (ii) be maintained
`
`separate from the publicly available file of the involved patent, and (iii) shall be
`
`made available only to Federal Government agencies on written request, or to
`
`persons showing good cause on written request, pursuant to 35 U.S.C. § 317(b) and
`
`37 C.F.R. § 42.74(c).
`
`Date: June 21, 2018
`
`Respectfully submitted,
`
`/ John Josef Molenda /
`John Josef Molenda
`(Reg. No. 47,804)
`Vishal Gupta
`(Reg. No. 67,284)
`Siew Yen Chong
`(Reg. No. 62,108)
`Fang Bu
`(to seek pro hac vice admission)
`STEPTOE & JOHNSON LLP
`1114 Avenue of the Americas,
`35th Floor
`New York, NY 10036
`212-506-3900
`Abraxane@Steptoe.com
`Counsel for Petitioners
`Apotex Inc. and Apotex Corp.
`
`/ Christopher J. Harnett /
`Christopher J. Harnett (Reg. No. 35,538)
`Anthony M. Insogna (Reg. No. 35,203)
`Cary Miller, Ph.D. (Reg. No. 54,708)
`Lisamarie LoGiudice, Ph.D. (Reg. No.
`71,047)
`JONES DAY
`250 Vesey Street
`New York, NY 10281-10147
`Tel: (212) 326-3939
`Fax: (212)-755-7306
`charnett@jonesday.com
`aminsogna@jonesday.com
`cmiller@jonesday.com
`llogiudice@jonesday.com
`
`F. Dominic Cerrito (Reg. No. 38,100)
`
`- 2 -
`
`
`
`Andrew S. Chalson (pro hac vice)
`Frank C. Calvosa (Reg. No. 69,064)
`Daniel Wiesner (pro hac vice)
`QUINN EMANUEL URQUHART &
`SULLIVAN, LLP
`51 Madison Avenue, 22nd Floor
`New York, NY 10010
`General Tel: (212) 849-7000
`Direct Tel: (212) 849-7450
`Fax: (212) 849-7100
`nickcerrito@quinnemanuel.com
`andrewchalson@quinnemanuel.com
`frankcalvosa@quinnemanuel.com
`danielwiesner@quinnemanuel.com
`
`
`Counsel for Patent Holder
`Abraxis Bioscience, LLC
`
`- 3 -
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`The undersigned certifies that on the date indicated below a copy of the
`
`foregoing 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) was served
`
`electronically by filing these documents through the PTAB E2E System, as well as
`
`by e-mailing copies to the following counsel of record for Petitioners Apotex Inc.
`
`and Apotex Corp.:
`
`Lead Counsel
`John Josef Molenda
`STEPTOE & JOHNSON LLP
`1114 Avenue of the Americas,
`35th Floor
`New York, NY 10036
`212-506-3900
`Abraxane@Steptoe.com
`
`
`Date: June 21, 2018
`
`
`
`
`
`Backup Counsel
`Vishal Gupta
`Siew Yen Chong
`Fang Bu
`STEPTOE & JOHNSON LLP
`1114 Avenue of the Americas,
`35th Floor
`New York, NY 10036
`212-506-3900
`Abraxane@Steptoe.com
`
`
`
`/Lisamarie LoGiudice/
`Lisamarie LoGiudice
`JONES DAY
`250 Vesey Street
`New York, NY 10281-10147
`Tel: (212) 326-3939
`Fax: (212)-755-7306
`
`Counsel for Patent Holder
`Abraxis Bioscience, LLC
`
`
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