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` Paper No. 41
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`
`Entered: September 21, 2018
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`
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`Trials@uspto.gov
`571-272-7822
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`PAR PHARMACEUTICAL, INC.,
`Petitioners,
`
`v.
`
`HORIZON THERAPEUTICS, LLC,
`Patent Owner.
`____________
`
`Case IPR2017-01767 (Patent 9,254,278 B2)
`Case IPR2017-01768 (Patent 9,095,559 B2)
`Case IPR2017-01769 (Patent 9,326,966 B2)1
`____________
`
`Before DEBORAH KATZ, Administrative Patent Judge.
`
`ORDER
`Authorizing Motion to Terminate
`37 C.F.R. § 42.5
`
`On September 20, 2018, Patent Owner Horizon Therapeutics, LLC
`(“Horizon”) contacted the Board by e-mail, reportedly also on behalf of Petitioner
`Par Pharmaceutical, Inc. (“Par”). Horizon indicated that the parties have entered
`
`
`1 We exercise our discretion to issue one Order to be filed in the three cited cases.
`The parties are not authorized to use this style heading for any subsequent papers.
`
`
`
`
`Case IPR2017-01767 (Patent 9,254,278 B2)
`Case IPR2017-01768 (Patent 9,095,559 B2)
`Case IPR2017-01769 (Patent 9,326,966 B2)
`
`into a settlement agreement in these matters and request permission to file joint
`motions to terminate the proceedings.
`The parties are authorized to file a joint motion to terminate the proceedings
`based on settlement no later than October 4, 2018. The parties’ request to suspend
`the remaining deadlines in the schedule of each trial is denied at this time. The
`parties are reminded that they may stipulate to different dates for DUE DATES 4
`and 5 (earlier or later, but no later than DUE DATE 6), by filing a joint notice
`identifying the changed due dates. (See Scheduling Order, Paper 11, 2.) The
`parties should notify the Board if settlement is not reached and a decision on the
`parties’ briefing regarding evidence in Horizon’s sur-reply is needed.
`Accordingly,
`It is ORDERED that the parties are AUTHORIZED to file a joint motion to
`terminate the proceedings no later than October 4, 2018; and
`It is FURTHER ORDERED that no other change in the schedule is provided
`by the Board at this time.
`
`
`
`Petitioner:
`
`David H. Silverstein
`Dan Feng Mei
`Aziz Burgy
`AXINN, VELTROP & HARKRIDER LLP
`dsilverstein@axinn.com
`dmei@axinn.com
`Ravicti@axinn.com
`aburgy@axinn.com
`
`2
`
`
`
`
`
`
`
`Case IPR2017-01767 (Patent 9,254,278 B2)
`Case IPR2017-01768 (Patent 9,095,559 B2)
`Case IPR2017-01769 (Patent 9,326,966 B2)
`
`
`Patent Owner:
`
`
`Robert Green
`Emer Simic
`Ann Kotze
`GRIFFITH & BORG-BREEN, LLP
`rgreen@greengriffith.com
`esimic@greengriffith.com
`akotze@greengriffith.com
`
`Matthew Phillips
`LAURENCE & PHILLIPS IP LAW LLP
`mphillips@lpiplaw.com
`
`Dennis Bennett
`GLOBAL PATENT GROUP, LLC
`dennisbennett@globalpatentgroup.com
`
`
`
`
`
`3
`
`
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