`Tel: 571-272-7822
`
`
`
`Paper 39
`Entered: January 9, 2019
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`MYLAN PHARMACEUTICALS INC.,
`Petitioner,
`
`v.
`
`BRISTOL-MYERS SQUIBB COMPANY and PFIZER INC.,
`Patent Owners.
`
`
`Case IPR2018-00892
`Patent 9,326,945 B2
`_______________
`
`
`Before SHERIDAN K. SNEDDEN, ZHENYU YANG, and
`KRISTI L. R. SAWERT, Administrative Patent Judges.
`
`SNEDDEN, Administrative Patent Judge.
`
`
`
`
`ORDER
`Authorizing the Filing of a Joint Motion to Terminate
`35 U.S.C. § 317; 37 C.F.R. §§ 42.20(b), 42.72
`
`
`
`
`
`IPR2018-00892
`Patent 9,326,945 B2
`
`
`In an email correspondence sent to the Board on December 26, 2018,
`Patent Owners and Petitioner requested a teleconference to seek permission
`to file a joint motion to terminate this proceeding. The relevant portion of
`the email reads as follows:
`Patent Owners and Petitioner wish to jointly notify the Board that
`they have entered into a settlement including the above-
`referenced proceeding. In view of the settlement, the parties
`jointly request leave to file a joint motion to terminate the
`proceeding. The parties also wish to submit a request to keep the
`settlement confidential (Board’s eyes only).
`Upon consideration thereof, the parties are authorized to file a joint
`motion to terminate (as a Paper). 35 U.S.C. § 317(a). The joint motion must
`(1) include a brief explanation as to why termination is appropriate; (2)
`identify all parties in any related litigation involving the patents at issue; (3)
`identify any related proceedings currently before the Office, and (4) discuss
`specifically the current status of each such related litigation or proceeding
`with respect to each party to the litigation or proceeding.
`The joint motion to terminate also must include a true copy of any
`settlement agreement or understanding (as an Exhibit) and include a
`statement certifying that there are no collateral agreements or understandings
`made in connection with, or in contemplation of, the termination of the inter
`partes review. See 35 U.S.C. § 317(b); 37 C.F.R. § 42.74(b). A redacted
`version will not be accepted as a true copy of the settlement agreement.
`Attention of the parties is directed to FAQ G2 on the Board’s website page
`at http://www.uspto.gov/ip/boards/bpai/prps.jsp for instructions on how to
`file a settlement agreement as confidential.
`The parties are authorized to file a joint request to file settlement
`agreement as business confidential information pursuant to 35 U.S.C. §
`
`2
`
`
`
`IPR2018-00892
`Patent 9,326,945 B2
`
`317(b) in this proceeding. Any joint request to file the settlement agreement
`as business confidential information must be filed as a separate paper
`contemporaneously with the joint motion to terminate. See 35 U.S.C. §
`317(b); 37 C.F.R. § 42.74(c).
`In consideration of the foregoing, it is
`ORDERED that the parties are authorized to file, by no later than
`January 25, 2019, (1) a joint motion to terminate (as a Paper), including a
`true copy of any settlement agreement (as an Exhibit), and (2) a joint request
`to file settlement agreement as business confidential information pursuant to
`35 U.S.C. § 317(b) (as a separate Paper) in this proceeding.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`3
`
`
`
`IPR2018-00892
`Patent 9,326,945 B2
`
`
`
`PETITIONER:
`Robert Florence
`Karen Carroll
`Micheal Binns
`Sharad Bijanki
`PARKER POE ADAMS & BERNSTEIN LLP
`robertflorence@parkerpoe.com
`karencarroll@parkerpoe.com
`michealbinns@parkerpoe.com
`sharadbijanki@parkerpoe.com
`
`PATENT OWNER:
`
`Heather Petruzzi
`Timothy Cook
`Kevin Yurkerwich
`Michael Nelson
`WILMER CUTLER PICKERING HALE AND DORR LLP
`Heather.Petruzzi@wilmerhale.com
`Tim.Cook@wilmerhale.com
`Kevin.Yurkerwich@wilmerhale.com
`Michael.Nelson@wilmerhale.com
`
`
`
`4
`
`
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