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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`ARGENTUM PHARMACEUTICALS LLC
`Petitioner
`v.
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`ICOS CORPORATION,
`Patent Owner
`
`U.S. Patent No. 6,943,166 B1
`Inter Partes Review No. IPR2017-01762
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`JOINT MOTION TO KEEP CONFIDENTIAL AND SEPARATE
`UNDER 35 U.S.C. § 317(b) AND 37 C.F.R. § 42.747(c)
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`
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`Joint Motion to Keep Confidential and Separate, IPR2017-01762
`U.S. Patent No. 6,943,166
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`Pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), Petitioner and
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`Patent Owner jointly request to file EX1039, the settlement agreement between the
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`parties, as referenced in the Joint Motion to Terminate, as business confidential
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`information, and to have it be kept separate from the file of the involved patent.
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`The Parties sought, and received, authorization via email from the Board to file this
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`motion on August 25, 2017.
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`If requested, the rules permit the Parties to have any filed settlement
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`agreement treated as business confidential information and kept separate from the
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`files of the involved patent. 37 C.F.R. § 42.74(c). Indeed, the statute requires it. 35
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`U.S.C. § 317(b).
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`The Parties hereby request that the settlement agreement filed herewith as
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`Exhibit 1039 be treated as business confidential information, be kept separate from
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`the file of the above captioned IPR, and be made available only to Federal
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`Government agencies on written request, or to any person on a showing of good
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`cause pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c). In view of that
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`request the settlement agreement has been filed for access by the “Parties and Board
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`Only.”
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`-2-
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`Joint Motion to Keep Confidential and Separate, IPR2017-01762
`U.S. Patent No. 6,943,166
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`Respectfully submitted,
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`Date: Aug. 28, 2017
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`/Kevin B. Laurence/
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`Kevin B. Laurence
`Lead Counsel for Petitioner
`Registration No. 38,219
`klaurence@lpiplaw.com
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`Laurence & Phillips IP Law LLP
`1940 Duke St., Ste. 200
`Alexandria, Virginia 22314
`Telephone: 703-448-8787
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`
`/Mark J. Feldstein/
`
`Mark J. Feldstein
`Lead Counsel for Patent Owner
`Registration No. 46,693
`mark.feldstein@finnegan.com
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`Finnegan, Henderson, Farabow, Garrett &
`Dunner, LLP
`901 New York Avenue, NW
`Washington, DC 20001-4413
`Telephone: 202-408-4092
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`-3-
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`Joint Motion to Keep Confidential and Separate, IPR2017-01762
`U.S. Patent No. 6,943,166
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`CERTIFICATE OF SERVICE
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`
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`Pursuant to 37 C.F.R. §§ 42.6(e) and 42.105, the undersigned certifies that
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`on Aug. 26, 2017, a complete copy of the foregoing Joint Motion to Keep
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`Confidential was served on patent owner’s counsel of record via e-mail, as agreed
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`to by counsel, as follows:
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`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
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`
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`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
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`Dated: August 28, 2017
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`Respectfully submitted,
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`/Kevin B. Laurence/
`Kevin B. Laurence, Lead Counsel for Petitioner
`Registration No. 38,219
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`-4-
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