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UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________________________________
`
`
`APOTEX INC.,
`Petitioner
`
`v.
`
`CELGENE CORPORATION,
`Patent Owner
`
`____________________________________________
`
`Case IPR2023-00512
`Patent 8,846,628
`____________________________________________
`
`JOINT REQUEST THAT SETTLEMENT AGREEMENTS BE TREATED
`AS BUSINESS CONFIDENTIAL INFORMATION AND BE KEPT
`SEPARATE PURSUANT TO 35 U.S.C. § 317(b) AND 37 C.F.R. § 42.74
`
`
`
`
`
`
`
` 1
`
`
`
`

`

`IPR2023-00512
`
`Pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), Petitioner Apotex
`
`Inc. (“Apotex” or “Petitioner”) and Patent Owner Celgene Corporation (“Celgene”
`
`or “Patent Owner”) jointly request that the Settlement Agreement between the
`
`parties (Ex. 1060) filed concurrently herewith, as referenced in the Joint Motion to
`
`Terminate Proceeding, (a) be treated as business confidential information, (b) be
`
`kept separate from the file of the involved patent, and (c) be made available only as
`
`permitted pursuant to the provisions of 37 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c).
`
`The Board previously provided authorization to file this Joint Request on January 3,
`
`2024. (Jan. 3, 2024, email from E. Goldschlager on behalf of the Board).
`
`January 4, 2024
`
`
`
`
`
`January 4, 2024
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`/s/ Vishal C. Gupta
`Vishal C. Gupta (Reg. No. 67,284)
`Steptoe LLP
`1114 Avenue of the Americas
`New York, NY 10036
`Tel: (212) 506-3900
`Counsel for Petitioner Apotex Inc.
`
`Respectfully submitted,
`/s/Heather M. Petruzzi/
`Heather M. Petruzzi (Reg. No. 71,270)
`Wilmer Cutler Pickering Hale and Dorr
`LLP
`2100 Pennsylvania Avenue NW
`Washington, DC 20037
`Tel: (202) 663-6000
`Counsel for Celgene Corporation
`
`
`2
`
`

`

`IPR2023-00512
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on January 4, 2024, I caused a true and correct copy of
`
`the foregoing Joint Request that Settlement Agreements be Treated as Business
`
`Confidential Information and be Kept Separate Pursuant to 35 U.S.C. § 317(b) and
`
`37 C.F.R. § 42.74 to be served via e-mail on all counsel of record.
`
`
`
`/s/ Vishal Gupta
`By:
`Vishal Gupta (Reg. No. 67,284)
`Steptoe LLP
`1114 Avenue of the Americas
`New York, NY 10036
`Tel: (212) 506-3900
`
`
`
`
`3
`
`

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