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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`PROLLENIUM US INC.,
`Petitioner
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`v.
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`ALLERGAN INDUSTRIE, SAS,
`Patent Owner
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`IPR2019-01505 (Patent No. 8,450,475)
`IPR2019-01506 (Patent No. 8,357,795)
`IPR2019-01508 (Patent No. 9,238,013)
`IPR2019-01509 (Patent No. 9,358,322)
`IPR2019-01617 (Patent No. 8,822,676)
`IPR2019-01632 (Patent No. 8,357,795)
`IPR2020-00084 (Patent No. 9,089,519)
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`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)1
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`1 Authorization for the use of a joint caption page was received on April 27,
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`2020. Neither party opposes the use of a joint caption page. An identical paper has
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`been filed in each case recited in the consolidated caption.
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`Pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c) and the Board’s
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`authorization received on February 18, 2021, Petitioner Prollenium US Inc.
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`(“Petitioner” or “Prollenium”) and Patent Owner Allergan Industrie, SAS (“Patent
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`Owner” or “Allergan”) jointly request to treat as business confidential information
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`the true and complete copy of the settlement materials (Confidential Exhibit 2250)
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`between the parties, as referenced in the parties’ Joint Motion to Terminate.
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`35 U.S.C. § 317(b) provides that:
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`At the request of a party to the proceeding, the agreement
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`or understanding shall be treated as business confidential
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`information, shall be kept separate from the file of the
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`involved patents, and shall be made available only to
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`Federal Government agencies on written request, or to
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`any person on a showing of good cause.
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`Likewise, 37 C.F.R. § 42.74(c) provides that:
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`A party to a settlement may request that the settlement be
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`treated as business confidential information and be kept
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`separate from the files of an involved patent or
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`application. The request must be filed with the
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`settlement. If a timely request is filed, the settlement
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`shall only be available:
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`1
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`(1) To a Government agency on written request to the
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`Board; or
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`(2) To any other person upon written request to the Board
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`to make the settlement agreement available, along with
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`the fee specified in § 42.15(d) and on a showing of good
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`cause.
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`The present request, which is being filed concurrently with the settlement
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`materials, is timely and in accordance with the foregoing authority. Therefore, the
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`parties request that the settlement materials (Confidential Exhibit 2250) (i) be
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`treated as business confidential information, (ii) be maintained separate from the
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`publicly available file of the involved patents, and (iii) shall be made available
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`only to Federal Government agencies on written request, or to persons showing
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`good cause on written request, pursuant to 35 U.S.C. § 317(b) and 37 C.F.R.
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`§ 42.74(c).
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`2
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`Date: February 18, 2021
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`
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`/s/ Warren J. Thomas
`Christopher L. Curfman.
`(Reg. No. 52,787)
`William W. Cutchins (Reg. No. 63,451)
`Warren J. Thomas (Reg. No. 70,581)
`John Harbin (pro hac vice)
`MEUNIER CARLIN & CURFMAN LLC
`999 Peachtree Street NE, Suite 1300
`Atlanta, GA 30309
`ccurfman@mcciplaw.com
`wcutchins@mcciplaw.com
`wthomas@mcciplaw.com
`mcc.prollenium.ipr@mcciplaw.com
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`Attorneys for Petitioner Prollenium US
`Inc.
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`Respectfully submitted,
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`/s/ Anthony M. Insogna
`Anthony M. Insogna (Reg. No. 35,203)
`Tamera M. Weisser (Reg. No. 47,856)
`S. Christian Platt (Reg. No. 46,998)
`aminsogna@jonesday.com
`tweisser@jonesday.com
`cplatt@jonesday.com
`JONES DAY
`4655 Executive Drive, Suite 1500
`San Diego, CA 92121-3134
`Tel.: (858) 314-1200
`Fax.: (844) 345-3178
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`Sarah A. Geers (Reg. No. 69,123)
`sgeers@jonesday.com
`JONES DAY
`250 Vesey Street
`New York, NY 10281
`Telephone: 212-326-3939
`Fax: 212-755-7306
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`Jennifer M. Hartjes (Reg. No. 77,687)
`jhartjes@jonesday.com
`JONES DAY
`90 South Seventh Street, Suite 4950
`Minneapolis, MN 55402
`Telephone: 612-217-8800
`Fax: 844-345-3178
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`Attorneys for Patent Owner Allergan
`Industrie, SAS
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`3
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of the foregoing JOINT
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`REQUEST TO FILE SETTLEMENT MATERIALS AS BUSINESS
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`CONFIDENTIAL
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`INFORMATION AND TO MAINTAIN
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`SAID
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`MATERIALS SEPARATE FROM THE PUBLIC FILE PURSUANT TO 35
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`U.S.C. § 317(B) AND 37 C.F.R. § 42.74(C) was served on February 18, 2021 by
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`e-mailing copies to the following counsel of record for Petitioner Prollenium US
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`Inc.:
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`Christopher L. Curfman (ccurfman@mcciplaw.com)
`Warren J. Thomas (wthomas@mcciplaw.com)
`William W. Cutchins (wcutchins@mcciplaw.com)
`John Harbin (mcc.prollenium.ipr@mcciplaw.com)
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`Date: February 18, 2021
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`/s/ Anthony M. Insogna
`Anthony M. Insogna (Reg. No. 35,203)
`JONES DAY
`4655 Executive Drive, Suite 1500
`San Diego, CA 92121-3134
`Tel: (858) 314-1200
`Fax: (844) 345-3178
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`Attorney for Patent Owner
`Allergan Industrie, SAS
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