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`Paper No. ____
`Date filed: May 23, 2019
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`Filed On Behalf Of:
`Novartis Pharmaceuticals Corporation and
`Hikma Pharmaceuticals International Limited
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`By:
`Nicholas N. Kallas
`NKallas@venable.com
`ZortressAfinitorIPR@venable.com
`(212) 218-2100
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`
`UNITED STATES PATENT AND TRADEMARK OFFICE
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`——————————
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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` ——————————
`WEST-WARD PHARMACEUTICALS INTERNATIONAL LIMITED n/k/a
`HIKMA PHARMACEUTICALS INTERNATIONAL LIMITED
`Petitioner,
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`v.
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`NOVARTIS PHARMACEUTICALS CORPORATION
`Patent Owner
`——————————
`Case IPR2017-015921
`Patent No. 8,410,131
`——————————
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`HIKMA AND NOVARTIS’S JOINT MOTION TO TREAT
`SETTLEMENT AGREEMENT (EX 2116) AS BUSINESS
`CONFIDENTIAL INFORMATION PURSUANT
`TO 35 U.S.C. § 317(b) AND 37 C.F.R. § 42.74(c)
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`
`
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`1 IPR2018-00507 has been joined to this proceeding (Paper 29, Apr. 3, 2018).
`Breckenridge Pharmaceutical, Inc. has been terminated as a party to this
`proceeding (Paper 57, August 8, 2018).
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`Pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), and pursuant to the
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`authorization to file this motion provided in an email from the Board dated May
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`23, 2019, Petitioner West-Ward Pharmaceuticals International Limited n/k/a
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`Hikma Pharmaceuticals International Limited (“Hikma”) and Patent Owner
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`Novartis Pharmaceuticals Corporation (“Novartis”) jointly request that the
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`settlement agreement between the parties – as referenced in the Joint Motion to
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`Terminate IPR, filed concurrently herewith, and designated as Exhibit 2116 – be
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`treated as business confidential information which shall be kept separate from the
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`file of the involved patent. In view of that request, the settlement agreement has
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`been filed for access by the “Board Only.”
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`For the purposes of this motion, Novartis and Hikma seek entry of a
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`Protective Order, designated as Exhibit 2117, based on the Default Standing
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`Protective Order; however, paragraphs 2(A)-(E) and 2(G) have been amended to
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`reflect that only parties Novartis and Hikma and their respective party
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`representatives and in-house counsel shall have access to confidential information,
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`such as Exhibit 2116. Neither party’s experts nor employees shall have access to
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`confidential information, including Exhibit 2116.
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`- 2 -
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`Respectfully submitted,
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`Dated: May 23, 2019
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`/ Nicholas N. Kallas /
`Nicholas N. Kallas (Reg. No. 31,530)
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`- 3 -
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`CERTIFICATE OF SERVICE
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`I certify that a copy of the foregoing HIKMA AND NOVARTIS’S JOINT
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`MOTION TO TREAT SETTLEMENT AGREEMENT (EX 2116) AS BUSINESS
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`CONFIDENTIAL INFORMATION PURSUANT TO 35 U.S.C. § 317(b) AND 37
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`C.F.R. § 42.74(c) was served on May 23, 2019 by causing it to be sent by email to
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`counsel for Petitioners at the following email addresses:
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`Keith A. Zullow (kzullow@goodwinprocter.com)
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`Marta E. Delsignore (mdesignore@goodwinprocter.com)
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`Michael B. Cottler (mcottler@goodwinlaw.com)
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`Dated: May 23, 2019
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`/ Nicholas N. Kallas /
`Nicholas N. Kallas
`Registration No. 31,530
`Lead Counsel for Patent Owner
`VENABLE LLP
`1290 Avenue of the Americas
`New York, NY 10104-3800
`Tel. 212-218-2100
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`- 4 -
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