`
`
`
`
`
`Paper 15
`Entered: October 28, 2016
`
`Trials@uspto.gov
`571.272.7822
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SANOFI-AVENTIS U.S. LLC and
`SANOFI-AVENTIS DEUTSCHLAND GMBH,
`Petitioner,
`
`v.
`
`ASTRAZENECA PHARMACEUTICALS LP and
`AMYLIN PHARMACEUTICALS, LLC,
`Patent Owner.
`____________
`
`Cases IPR2016-00353 (Patent 7,691,963 B2),
`IPR2016-00354 (Patent 8,445,647 B2), and
`IPR2016-00355 (Patent 8,951,962 B2)
`_______________
`
`Before SHERIDAN K. SNEDDEN, ZHENYU YANG, and
`TINA E. HULSE, Administrative Patent Judges.
`
`SNEDDEN, Administrative Patent Judge.
`
`
`
`JUDGMENT
`Granting Joint Motion to Terminate Proceeding and
`Granting Request to Treat Agreement as Business Confidential Information
`37 C.F.R. §§ 42.72 & 42.74
`
`
`
`
`
`IPR2016-00353 (Patent 7,691,963 B2),
`IPR2016-00354 (Patent 8,445,647 B2), and
`IPR2016-00355 (Patent 8,951,962 B2)
`
`
`INTRODUCTION
` Sanofi-Aventis U.S. LLC and Sanofi-Aventis Deutschland GMBH
`(collectively, “Petitioner”) and AstraZeneca Pharmaceuticals LP and Amylin
`Pharmaceuticals, LLC (collectively, “Patent Owner”) filed a Joint Motion to
`Terminate in each of the proceedings identified in the caption of this
`Judgment. IPR2016-00353, Paper 12; IPR2016-00354, Paper 12; IPR2016-
`00355, Paper 12. In each proceeding, along with the Joint Motion to
`Terminate, the parties filed a copy of their settlement agreement (“the
`Agreement”), made in connection with the termination of these proceedings
`and the related district court proceedings, in accordance with 35 U.S.C.
`§ 317(b) and 37 C.F.R. § 2.74(b). IPR2016-00353, Paper 13; IPR2016-
`00354, Paper 13; IPR2016-00355, Paper 13.
`In each proceeding, the parties also submitted a Joint Motion
`requesting that the Agreement be treated as business confidential
`information and be kept separate from the files of the patents at issue under
`35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c). IPR2016-00353, Paper 14;
`IPR2016-00354, Paper 14; IPR2016-00355, Paper 14.
`In each Joint Motion to Terminate, the parties indicate that the
`Agreement resolves all disputes between the parties and their affiliates
`involving the patents-at-issue in these proceedings. See, e.g., IPR2016-
`00353, Paper 12, 3–5. Upon consideration of the facts before us, it is
`appropriate to terminate these proceedings without rendering final written
`decisions. 37 C.F.R. § 42.72. Accordingly, we grant the Joint Motion to
`Terminate in each proceeding.
`
`
`
`2
`
`
`
`IPR2016-00353 (Patent 7,691,963 B2),
`IPR2016-00354 (Patent 8,445,647 B2), and
`IPR2016-00355 (Patent 8,951,962 B2)
`
`
`We also grant the Joint Motion to File Agreement as Business
`Confidential Information in each proceeding.
`ORDER
`For the foregoing reasons, it is:
`ORDERED that the Joint Motion to File Agreement as Business
`Confidential Information Pursuant to 35 U.S.C. § 317 (IPR2016-00353,
`Paper 14) is granted;
`FURTHER ORDERED that the Joint Motion to Terminate
`Proceedings (IPR2016-00353, Paper 12) is granted, and IPR2016-00353 is
`terminated with respect to both Petitioner and Patent Owner;
`FURTHER ORDERED that the Joint Motion to File Agreement as
`Business Confidential Information Pursuant to 35 U.S.C. § 317 (IPR2016-
`00354, Paper 14) is granted;
`FURTHER ORDERED that the Joint Motion to Terminate
`Proceedings (IPR2016-00354, Paper 12) is granted, and IPR2016-00354 is
`terminated with respect to both Petitioner and Patent Owner;
`FURTHER ORDERED that the Joint Motion to File Agreement as
`Business Confidential Information Pursuant to 35 U.S.C. § 317 (IPR2016-
`00355, Paper 14) is granted;
`FURTHER ORDERED that the Joint Motion to Terminate
`Proceedings (IPR2016-00355, Paper 12) is granted, and IPR2016-00355 is
`terminated with respect to both Petitioner and Patent Owner.
`
`
`
`
`
`3
`
`
`
`IPR2016-00353 (Patent 7,691,963 B2),
`IPR2016-00354 (Patent 8,445,647 B2), and
`IPR2016-00355 (Patent 8,951,962 B2)
`
`
`
`
`
`PETITIONER:
`Paul Berghoff
`berghoff@mbhb.com
`Joshua Rich
`rich@mbhb.com
`Andrew Williams
`williams@mbhb.com
`
`PATENT OWNER:
`David Berl
`dberl@wc.com
`Dov Grossman
`dgrossman@wc.com
`
`
`
`
`4
`
`
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