`Trials
`Tel: 571-272-7822 ~
`
`Paper 42
`Entered: January 16, 2019
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`J
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`MYLAN PHARMACEUTICALS TNC.,
`
`Petitioner,
`
`V.
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`BRISTOL-MYERS SQUIBB COMPANY and PFIZER INC.,
`Patent Owners.
`
`Case IPR2018-00892
`
`Patent 9,326,945 B2
`
`Before SHERIDAN K. SNEDDEN, ZHENYU YANG, and
`KRISTI L. R. SAWERT, Administr'ative Patent Judges.
`
`SNEDDEN, Administrative Patent Judge.
`
`ORDER
`Termination of the Proceeding Due to, Settlement after Institution
`35 USC. § 317 and 37 C.F.R. §§ 42.72, 42.74
`
`
`
`w
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`IPR2018-00892
`
`Patent 9,326,945 B2
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`With our authorization, the parties filed a Joint Motion to Terminate
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`this proceeding pursuant to 35 U.S.C. § 317(a). Paper 40. In addition,
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`pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 4274(0), the parties filed a
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`true and correct copy of a Settlement Agreement (Exs. 1047, 1048), along
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`with a Joint Request to File Settlement Agreement as Business Confidential
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`Information, to be kept separate from the publicly available patent files.
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`Paper 41.
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`Under 35 U.S.C. § 317(a), “[a]n inter partes review instituted under
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`this chapter shall be terminated with respect to any petitioner upon the joint
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`request of the petitioner and patent owner, unless the Office has decided the
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`merits of the proceeding before the request for termination is filed.” In this
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`case, the Board instituted trial on October 15, 2018. Paper 24. So far,
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`Patent Owner has not tiled its Patent Owner Response, and the Board has
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`not decided the merits of the proceeding.
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`Under 37 CPR. § 42.72, “[t]he Board may terminate a trial without
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`* rendering a final written decision, where appropriate, including .
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`.
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`. pursuant
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`to a joint request under 35 U.S.C. 317(a).” After reviewing the Joint Motion
`
`to Terminate and the Settlement Agreement, we determine that it is
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`appropriate to terminate the proceeding Without rendering a final written
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`decision. Therefore, the Joint Motion to Terminate is granted. See 37
`C.F.R. §§ 42.72, 42.74.
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`
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`IPR2018-00892
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`Patent 9,326,945 82
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`Accordingly, it is
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`ORDERED that the Joint Motion to Terminate is granted and this
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`proceeding is hereby terminated; and
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`FURTHER ORDERED that the Joint Motion to File Settlement
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`Agreement as Business Confidential Information is granted, and Exhibit
`1047 and Exhibit 1048 will be kept separate from the pertinent file
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`consistent with 37 CPR. § 42.74(c).
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`PETITIONER:
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`Robert Florence
`
`robertflorence@parkerpoe.com
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`Karen Carroll
`
`karencarrollgamarkerpoe.com
`
`Micahel Binns
`
`michaelbinns@parkerpoe.com
`
`Sharad Bijanki
`sharabijanki@parkerpoe.com
`
`PATENT OWNER:
`
`Heather Petruzzi
`
`Heather.petruzzi@wilmerhale.com
`
`\ T
`
`imothy Cook
`Tim.cook@wilmerhale.com
`
`Kevin Yurkerwich
`
`Kevin.mrkerwich@wilmerhale.com
`
`Michael Nelson
`
`Michael.nelson@wilmerhale.com
`
`