`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________
`
`MYLAN INSTITUTIONAL LLC and PFIZER INC.,
`Petitioners,
`
`v.
`
`NOVO NORDISK A/S,
`Patent Owner.
`________________
`
`IPR2020-003241
`
`Patent 8,114,833 B2
`__________________
`
`PATENT OWNER AND PETITIONER MYLAN INSTITUTIONAL LLC’S
`JOINT REQUEST TO TREAT SETTLEMENT AGREEMENT AS
`BUSINESS CONFIDENTIAL INFORMATION PURSUANT TO 35 U.S.C. §
`317
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`1 IPR2020-01252 has been joined with this proceeding.
`
`
`
`Pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), Petitioner Mylan
`
`Institutional LLC (“Mylan”) and Patent Owner Novo Nordisk A/S (“Patent Owner”)
`
`jointly request that a true copy of their Settlement Agreement, filed concurrently as
`
`Exhibit 2098, be treated as business confidential information, and be kept separate
`
`from the file of IPR2020-00324 involving U.S. Patent No. 8,114,833. Concurrently
`
`with this Request, Mylan and Patent Owner are filing a Joint Motion to Terminate
`
`as to Petitioner Mylan due to the settlement between Mylan and Patent Owner.
`
`Specifically, as the parties consider the Settlement Agreement to contain
`
`highly sensitive business confidential information that would substantially harm
`
`their business interests if publicly disclosed, Mylan and Patent Owner hereby jointly
`
`request that the Settlement Agreement be kept as a separate paper to be made
`
`available only as provided in 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c). The
`
`Settlement Agreement has been filed for access by the “Board Only.”2 Mylan and
`
`Patent Owner request that the Settlement Agreement remain accessible only to the
`
`Board, and not be made available to other parties to this proceeding. Mylan and
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`Patent Owner further jointly request that the Board order that in the event a person
`
`or entity makes a written request, as stated in 37 C.F.R. §42.74(c)(1)-(2), for access
`
`to the Settlement Agreement, that any such written request be served upon Mylan
`
`
`2 Petitioner Pfizer Inc. is not a party to the Settlement Agreement. Petitioner Pfizer
`Inc. has not been provided a copy of the Settlement Agreement.
`1
`
`
`
`
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`and Patent Owner on the day the written request is provided to the Board.
`
`
`
`Dated: April 7, 2021
`
`
`/Jeffrey J. Oelke/
`
`Jeffrey J. Oelke (Reg. No. 37,409)
`joelke@fenwick.com
`Ryan P. Johnson
`ryan.johnson@fenwick.com
`Laura T. Moran
`laura.moran@fenwick.com
`Fenwick & West LLP
`902 Broadway, Suite 14
`New York, NY 10010
`Telephone: (212) 430-2600
`
`Attorneys for Novo Nordisk A/S
`
`
`
`
`
`
`
`
`
`
`/Brandon M. White/
`
`Brandon M. White (Reg. No. 52,354)
`Perkins Coie LLP
`700 Thirteenth Street, N.W., Suite 800
`Washington, D.C. 20005
`Telephone: (202) 654-6206
`BMWhite@perkinscoie.com
`White-ptab@perkinscoie.com
`
`Lara Dueppen (Reg. No. 65,002)
`Perkins Coie LLP
`1888 Century Park East, Suite 1700
`Los Angeles, CA 90067
`Telephone: (310) 788-3349
`LDueppen@perkinscoie.com
`Dueppen-ptab@perkinscoie.com
`Liraglutide@perkinscoie.com
`
`Emily J. Greb (Reg. No. 68,244)
`Perkins Coie LLP
`33 East Main Street, Suite 201
`Madison, WI 53703
`Telephone: (308) 663-7494
`Fax: (608) 283-4494
`greb-ptab@perkinscoie.com
`
`Attorneys for Mylan Institutional LLC
`
`
`
`
`
`2
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e), I hereby certify that on April 7, 2021, the
`
`foregoing document is being served by filing this document through the Patent Trial
`
`and Appeal Board End to End System, as well as delivering a copy via electronic
`
`mail upon the following attorneys of record for the Petitioners:
`
`Brandon M. White (Reg. No. 52,354)
`Perkins Coie LLP
`700 Thirteenth Street, N.W., Suite 600
`Washington, D.C., 20005
`Telephone: (202) 654-6206
`Fax: (202) 654-9681
`BMWhite@perkinscoie.com
`White-ptab@perkinscoie.com
`
`Lara Dueppen (Reg. No. 65,002)
`Perkins Coie LLP
`1888 Century Park East
`Suite 1700
`Los Angeles, CA 90067
`Telephone: (310) 788-3349
`Fax: (310) 788-3399
`LDueppen@perkinscoie.com
`Dueppen-ptab@perkinscoie.com
`Liraglutide@perkinscoie.com
`
`Emily J. Greb (Reg. No. 68,244)
`Perkins Coie LLP
`33 East Main Street, Suite 201
`Madison, WI 53703
`Telephone: (308) 663-7494
`Fax: (608) 283-4494
`greb-ptab@perkinscoie.com
`
`
`
`
`3
`
`
`
`
`
`
`
`
`Thomas J. Meloro (Reg. No. 33,538)
`Michael W. Johnson (Reg. No. 63,731)
`Willkie Farr & Gallagher LLP
`787 Seventh Avenue
`New York, NY 10019
`Telephone: (212) 728-8428
`Fax: (212) 728-8111
`tmeloro@willkie.com
`mjohnson1@willkie.com
`amoore@willkie.com
`mao-ny@willkie.com
`
`
`
`
`Date: April 7, 2021
`
`
`Respectfully submitted,
`
`
`
`/Jeffrey J. Oelke/
`Jeffrey J. Oelke (Reg. No. 37,409)
`Lead Counsel
`
`
`
`
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`
`
`4
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`
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