`Tel: 571-272-7822
`
`
`
`
`
`Paper 73
`Date: December 16, 2020
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`MYLAN PHARMACEUTICALS INC., TEVA PHARMACEUTICALS
`USA, INC., WATSON LABORATORIES, INC., DR. REDDY’S
`LABORATORIES, INC., DR. REDDY’S LABORATORIES, LTD., and
`SUN PHARMACEUTICALS INDUSTRIES LTD.,
`Petitioner,
`
`v.
`
`MERCK SHARP & DOHME CORP.,
`Patent Owner.
`_____________
`
`IPR2020-000401
`Patent 7,326,708 B2
`_______________
`
`Before SHERIDAN K. SNEDDEN, ROBERT A. POLLOCK, and
`TIMOTHY G. MAJORS, Administrative Patent Judges.
`
`MAJORS, Administrative Patent Judge.
`
`
`
`
`
`1 Teva Pharmaceuticals USA, Inc. and Watson Laboratories, Inc. were
`joined as parties to this proceeding via a Motion for Joinder in IPR2020-
`01045; Dr. Reddy’s Laboratories, Inc. and Dr. Reddy’s Laboratories, Ltd.
`were joined as parties to this proceeding via a Motion for Joinder in
`IPR2020-01060; and Sun Pharmaceuticals Industries Ltd. was joined as a
`party to this proceeding via a Motion for Joinder in IPR2020-01072.
`
`
`
`IPR2020-00040
`Patent 7,326,708 B2
`
`
`ORDER
`Granting Unopposed Joint Motion to Withdraw Joinder as to Petitioners
`Teva Pharmaceuticals USA, Inc. and Watson Laboratories, Inc.
`37 C.F.R. §§ 42.20, 42.22, 42.122
`
`Teva Pharmaceuticals USA, Inc. and Watson Laboratories, Inc.
`(collectively “Teva”),2 on June 10, 2020, filed a Petition to institute inter
`partes review of certain claims of U.S. Patent No. 7,326,708 B2. IPR2020-
`01045, Paper 3. Teva also filed a Motion for Joinder, seeking to be joined as
`a party in the present case (IPR2020-00040). IPR2020-01045, Paper 4. On
`September 1, 2020, we granted institution in IPR2020-01045 and joined
`Teva as a petitioner in IPR2020-00040. IPR2020-01045, Paper 21.
`On December 8, 2020, upon the request of Patent Owner and Teva
`and based on an averred settlement between those parties, we terminated
`IPR2020-01045. IPR2020-01045, Paper 22. We further instructed Patent
`Owner and Teva to confer with the parties in IPR2020-00040 and to file the
`present motion to withdraw Teva as a party in IPR2020-00040. Id.
`Teva’s and Patent Owner’s present motion jointly requests that Teva
`should be withdrawn as a joinder petitioner in IPR2020-00040 in view of the
`above-noted settlement and termination of IPR2020-01045. Paper 72, 1–2.
`Teva and Patent Owner further represent that their motion is unopposed by
`the other parties in IPR2020-00040.
`We conclude that Teva and Patent Owner are entitled to the requested
`relief. Teva and Patent Owner have settled their disputes related to the
`challenged patent. And, as indicated above, we have terminated Teva’s
`
`
`2 Petitioner identifies Teva Pharmaceutical Industries, Ltd., Teva
`Pharmaceuticals USA, Inc., and Watson Laboratories, Inc. as the real
`parties-in-interest. Pet. 6.
`
`2
`
`
`
`
`IPR2020-01045
`Patent 7,326,708 B2
`
`challenge in IPR2020-01045. IPR2020-1045, Paper 22. The bases on which
`we granted joinder as to Teva have, therefore, materially changed and
`Teva’s continued participation as a party in IPR2020-00040 is no longer
`appropriate.
`
`ORDER
`I.
`In consideration of the foregoing, it is hereby:
`ORDERED that the Unopposed Joint Motion to Withdraw Joinder as
`to Petitioners Teva Pharmaceuticals USA, Inc. and Watson Laboratories,
`Inc. is granted;
`FURTHER ORDERED that Teva Pharmaceuticals USA, Inc. and
`Watson Laboratories, Inc. are withdrawn as parties in IPR2020-00040; and
`FURTHER ORDERED that the case caption in IPR2020-00040 shall
`be changed in accordance with the attached example.
`
`
`
`
`
`
`
`3
`
`
`
`
`IPR2020-00040
`Patent 7,326,708 B2
`
`
`
`
`
`FOR PETITIONER:
`Jitendra Malik
`Alissa M. Pacchioli
`Christopher W. West
`Heike S. Radeke
`Lance Soderstrom
`KATTEN MUCHIN ROSEMAN LLP
`jitty.malik@kattenlaw.com
`alissa.pacchioli@kattenlaw.com
`christopher.west@katten.com
`heike.radeke@katten.com
`lance.soderstrom@kattenlaw.com
`
`
`
`FOR PATENT OWNER:
`Stanley E. Fisher
`Jessamyn S. Berniker
`Shaun P. Mahaffy
`Anthony H. Sheh
`WILLIAMS & CONNOLLY LLP
`sfisher@wc.com
`jberniker@wc.com
`smahaffy@wc.com
`asheh@wc.com
`
`
`4
`
`
`
`
`Trials@uspto.gov
`Tel: 571-272-7822
`
`
`
`
`
`
`
`Paper 73
`Date: December 16, 2020
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`MYLAN PHARMACEUTICALS INC., DR. REDDY’S
`LABORATORIES, INC., DR. REDDY’S LABORATORIES, LTD., and
`SUN PHARMACEUTICALS INDUSTRIES LTD.
`Petitioner,
`
`v.
`
`MERCK SHARP & DOHME CORP.,
`Patent Owner.
`_____________
`
`IPR2020-000401
`Patent 7,326,708 B2
`_______________
`
`
`
`
`
`
`
`
`
`
`
`1 Dr. Reddy’s Laboratories, Inc. and Dr. Reddy’s Laboratories, Ltd. were
`joined as parties to this proceeding via a Motion for Joinder in IPR2020-
`01060; and Sun Pharmaceuticals Industries Ltd. was joined as a party to this
`proceeding via Motion for Joinder in IPR2020-01072.
`
`
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