`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`MYLAN PHARMACEUTICALS INC., SAWAI USA, INC.,
`and SAWAI PHARMACEUTICAL CO., LTD.,
`
`v.
`
`BIOGEN MA INC.,
`Patent Owner
`
`Case IPR2018-014031
`Patent 8,399,514
`
`JOINT MOTION TO KEEP SETTLEMENT AGREEMENT AS BUSINESS
`CONFIDENTIAL INFORMATION PURSUANT TO 35 U.S.C. § 317
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`1 Case IPR2019-00789 has been joined with this proceeding.
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`
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`Pursuant to 35 U.S.C. § 317 and 37 C.F.R. § 42.74, Petitioners Sawai USA
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`Inc. and Sawai Pharmaceutical Co. Ltd. (collectively “Sawai”) and Patent Owner
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`Biogen MA Inc. (“Patent Owner”) (together, “the Parties”) jointly request to file the
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`Settlement Agreement, submitted concurrently herewith as Exhibit 1135 to the Joint
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`Motion to Terminate the Proceeding, in its entirety, as Business Confidential
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`information. In accordance with 37 C.F.R. § 42.20(b), the Parties sought, and
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`received, authorization via email from the Board to file this motion on November
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`13, 2019.
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`If requested, the rules permit the parties to have any filed settlement
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`agreement treated as business confidential information and kept separate from the
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`files of the involved patent. 37 C.F.R. § 42.74(c). Indeed, the statute requires it.
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`35 U.S.C. § 317(b).
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`Sawai and Patent Owner hereby request that the settlement agreement filed
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`herewith as Exhibit 1135 be treated as business confidential information, be kept
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`separate from the file of the above captioned IPR, and be made available only to
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`Federal Government agencies on written request, or to any person on a showing
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`of good cause pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c). In view
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`of that request the settlement agreement has been filed for access by the “Board
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`Only.”
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`
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`Dated: November 19, 2019
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`
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`Respectfully submitted,
`
`
`
`/Christopher B. Ferenc/
`Christopher B. Ferenc (Reg. No. 59,365)
`Counsel for Petitioners Sawai USA,
`Inc. and Sawai Pharmaceutical Co., Ltd.
`
`
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6, the undersigned certifies that on November 19,
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`2019, a copy of the foregoing document was served upon the following, by email
`to:
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`barbara.mccurdy@finnegan.com
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`mark.feldstein@finnegan.com
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`erin.sommers@finnegan.com
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`pier.deroo@finnegan.com
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`cora.holt@finnegan.com
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`bmwhite@perkinscoie.com
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`egreb@perkinscoie.com
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`Dated: November 19, 2019
`
`
`
`/Christopher B. Ferenc/
`Christopher B. Ferenc (Reg. No. 59,365)
`Counsel for Petitioners Sawai USA,
`Inc. and Sawai Pharmaceutical Co., Ltd.
`
`