`Filed: July 7, 2017
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________________
`
`
`MYLAN PHARMACEUTICALS INC,
`Petitioner
`
`v.
`
`ICOS CORPORATION,
`Patent Owner
`
`
`
`
`
`_____________________________
`
`Case IPR2017-00323
`Patent No. 6,943,166
`_____________________________
`
`
`JOINT MOTION TO KEEP SETTLEMENT AGREEMENT
`AS BUSINESS CONFIDENTIAL INFORMATION PURSUANT
`TO 35 U.S.C. § 317
`
`
`
`Patent No. 6,943,166
`Case No. IPR2017-00323
`
`
`Pursuant to 35 U.S.C. § 317 and 37 C.F.R. § 42.74, Petitioner Mylan
`
`Pharmaceuticals Inc. (“Petitioner”) and Patent Owner ICOS Corporation (“Patent
`
`Owner”) (together, “the Parties”) jointly request to file the Settlement Agreements,
`
`submitted concurrently herewith as Exhibit 1038 to the Joint Motion to Terminate
`
`the Proceeding, in its entirety, as Business Confidential information. In accordance
`
`with 37 C.F.R. § 42.20(b), the Parties sought, and received, authorization via email
`
`from the Board to file this motion on July 6, 2017.
`
`If requested, the rules permit the parties to have any filed settlement
`
`agreement treated as business confidential information and kept separate from the
`
`files of the involved patent. 37 C.F.R. § 42.74(c). Indeed, the statute requires it. 35
`
`U.S.C. § 317(b).
`
`Petitioner and Patent Owner hereby request that the settlement agreement
`
`filed herewith as Exhibit 1038 be treated as business confidential information, be
`
`kept separate from the file of the above captioned IPR, and be made available only
`
`to Federal Government agencies on written request, or to any person on a showing
`
`of good cause pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c). In view of
`
`that request the settlement agreement has been filed for access by the “Parties and
`
`Board Only.”
`
`
`
`
`
`1
`
`
`
`Patent No. 6,943,166
`Case No. IPR2017-00323
`
`Dated: July 7, 2017
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`
`
`
`/ Steven W. Parmelee /
`Steven W. Parmelee
`Registration No. 31,990
`Wilson Sonsini Goodrich & Rosati
`701 Fifth Avenue, Suite 5100
`Seattle, WA 98104
`Tel.: 206-883-2542
`Email: sparmelee@wsgr.com
`
`Attorneys for Petitioner
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/ Mark J. Feldstein /
`Mark J. Feldstein
`Registration No. 46,693
`Finnegan, Henderson, Farabow, Garrett &
`Dunner, LLP
`901 New York Avenue, NW
`Washington, DC 20001-4413
`Tel.: 202-408-4092
`Email: mark.feldstein@finnegan.com
`
`Attorneys for Patent Owner
`
`
`
`
`2
`
`
`
`Patent No. 6,943,166
`Case No. IPR2017-00323
`
`
`CERTIFICATE OF SERVICE
`
`
`
`Pursuant to 37 C.F.R. § 42.6(e), this is to certify that I caused to be served a
`
`true and correct copy of the foregoing Joint Motion to Keep Settlement Agreement
`
`as Business Confidential Information Pursuant to 35 U.S.C. § 317, by electronic
`
`service, on this 7th day of July 2017, on the Patent Owners as follows:
`
`Mark J. Feldstein
`Joshua L. Goldberg
`Yieyie Yang
`Maureen D. Queler
`Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
`901 New York Avenue, NW
`Washington, DC 20001-4413
`Email: mark.feldstein@finnegan.com
`Email: joshua.goldberg@finnegan.com
`Email: yieyie.yang@finnegan.com
`Email: maureen.queler@finnegan.com
`
`Mark J. Stewart
`Dan L. Wood
`Gerald P. Keleher
`Eli Lilly and Company
`Lilly Corporate Center
`Indianapolis, IN 46285
`Email: stewart_mark@lilly.com
`Email: wood_dan_l@lilly.com
`Email: keleher_gerald@lilly.com
`
`
`
`
`
`
`Dated: July 7, 2017
`
`
`
`
`Respectfully submitted,
`
`
`
`/ Steven W. Parmelee /
`Steven W. Parmelee, Lead Counsel
`Reg. No. 31,990
`
`
`
`
`
`3
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
