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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`HIKMA PHARMACEUTICALS USA INC.,
`HIKMA PHARMACEUTICALS PLC,
`Petitioner,
`
`v.
`
`AMARIN PHARMACEUTICALS IRELAND LIMITED,
`Patent Owner.
`
`
`Case IPR2022-00215
`Patent 8,642,077 B2
`
`
`JOINT REQUEST THAT AGREEMENT BE TREATED AS
`BUSINESS CONFIDENTIAL INFORMATION AND
`KEPT SEPARATE UNDER 35 U.S.C. § 317(b)
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`Pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), Petitioner (Hikma
`
`Case IPR2022-00215
`Patent 8,642,077 B2
`
`
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`Pharmaceuticals USA Inc. and Hikma Pharmaceuticals PLC) and Patent Owner
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`(Amarin Pharmaceuticals Ireland Limited) jointly request that a true and correct
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`copy of their agreement made in connection with, or in contemplation of, the
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`termination of this proceeding, filed as Exhibit 1050, be treated as business
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`confidential information and be kept separate from the file of this inter partes
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`review proceeding. Concurrently, the parties are filing a Joint Motion to
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`Terminate the proceeding due to the agreement between the parties.
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`The parties consider their agreement (Exhibit 1050) to contain highly
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`sensitive business confidential information that would substantially harm their
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`business interests if publicly disclosed. As such, the parties jointly request that the
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`agreement (Exhibit 1050) be kept as a separate paper to be made available only
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`under the provisions of 35 U.S.C § 327(b) and 37 C.F.R. § 42.74(c). The
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`agreement (Exhibit 1050) has been filed for access by the “Parties and Board
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`Only.” The parties further jointly request the Board order that in the event a
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`person or entity makes a written request, as stated in 37 C.F.R. § 42.74(c)(1)–(2),
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`for access to the agreement (Exhibit 1050), that any such written request be served
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`upon the parties on the day the written request is provided to the Board.
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`- 1 -
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`Dated: March 10, 2022
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`WINSTON & STRAWN LLP
`1901 L Street NW
`Washington, DC 20036
`Telephone: 202-282-5000
`Fax: 202-282-5100
`Email: HikmaIPR@winston.com
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`PERKINS COIE LLP
`110 North Wacker Drive, Suite 3400
`Chicago, Illinois 60606-1511
`Phone: 312-324-8400
`fournier-ptab@perkinscoie.com
`merrill-ptab@perkinscoie.com
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`Case IPR2022-00215
`Patent 8,642,077 B2
`
`Respectfully submitted,
`
`
` /Jovial Wong/
`Jovial Wong
`Reg. No. 60,115
`
`Lead Counsel for Petitioner
`
` /Kourtney Mueller Merrill/
`Lead Counsel
`David B. Fournier, Reg. No. 51,696
`
`Back-Up Counsel
`Kourtney Mueller Merrill, Reg. No. 58,195
`
`Counsel for Patent Owner
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`- 2 -
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`CERTIFICATE OF COMPLIANCE WITH
`TYPE-VOLUME LIMITATION, TYPEFACE REQUIREMENTS,
`AND TYPE STYLE REQUIREMENTS
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`This paper complies with the page limitation of 15 pages excluding
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`1.
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`the parts exempted by 37 C.F.R. § 42.24.
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`2.
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`This paper complies with the general format requirements of 37
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`C.F.R. § 42.6.
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`
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`Dated: March 10, 2022
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`WINSTON & STRAWN LLP
`1901 L Street NW
`Washington, DC 20036
`Telephone: 202-282-5000
`Fax: 202-282-5100
`Email: HikmaIPR@winston.com
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`Respectfully submitted,
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`
` /Jovial Wong/
`Jovial Wong
`Reg. No. 60,115
`
`Lead Counsel for Petitioner
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`CERTIFICATE OF SERVICE
`Pursuant to 37 C.F.R. §§ 42.6(e) and 42.105, I certify that I caused to be
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`served a true and correct copy of the foregoing: JOINT REQUEST THAT
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`AGREEMENT BE TREATED AS BUSINESS CONFIDENTIAL
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`INFORMATION AND KEPT SEPARATE by electronic mail on March 10, 2022,
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`on the following attorneys:
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`David B. Fournier (fournier-ptab@perkinscoie.com)
`Kourtney Mueller Merrill (merrill-ptab@perkinscoie.com)
`PERKINS COIE LLP
`110 North Wacker Drive, Suite 3400
`Chicago, Illinois 60606-1511
`
`
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`Dated: March 10, 2022
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`WINSTON & STRAWN LLP
`1901 L Street NW
`Washington, DC 20036
`Telephone: 202-282-5000
`Fax: 202-282-5100
`Email: HikmaIPR@winston.com
`
`Respectfully submitted,
`
`
` /Jovial Wong/
`Jovial Wong
`Reg. No. 60,115
`
`Lead Counsel for Petitioner
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