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Paper No. ____
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`
`MYLAN TECHNOLOGIES, INC.
`Petitioner
`v.
`
`NOVEN PHARMACEUTICALS, INC.
`Patent Owner.
`
`_______________
`
`Case No. IPR2018-00174
`U.S. Patent No. 9,730,900
`____________________________________________________________
`
`JOINT REQUEST TO TREAT BINDING TERM SHEET (EX2024) AS
`BUSINESS CONFIDENTIAL INFORMATION
`UNDER 35 U.S.C. § 317(B) AND 37 U.S.C. § 42.74(C)1
`
`
`
`1 Identical documents are being filed in IPR2018-00173 and IPR2018-01119.
`
`

`

`U.S. Patent No. 9,730,900
`IPR2018-00174
`
`Pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), Petitioner Mylan
`
`Technologies, Inc. and Patent Owner Noven Pharmaceuticals, Inc. (collectively,
`
`the “Parties”) jointly request that the Binding Term Sheet filed concurrently as
`
`Exhibit 2024 and referenced in the concurrently filed Joint Motion to Terminate
`
`Proceeding Pursuant to 35 U.S.C. § 317, be treated as business confidential
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`information and kept separate from the files of IPR2018-00173, IPR2018-00174,
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`IPR2018-01119, and the patents involved therein, and only made available to
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`Federal Government agencies upon written request or to any other person upon
`
`written request and a showing of good cause. The Binding Term Sheet reflects all
`
`essential terms of a settlement agreement between the Parties.
`
`Respectfully submitted,
`
`
`
`/ Courtenay C. Brinckerhoff /
`Courtenay C. Brinckerhoff
`Registration No. 37,288
`
`Jason N. Mock
`Registration No. 69,186
`
`Counsel for Patent Owner
`Foley & Lardner LLP
`
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`
`
`1
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`Dated: September 5, 2018
`
` /
`
` Steven W. Parmelee /
`
`Steven W. Parmelee
`Registration No. 31,990
`
`Michael T. Rosato
`Registration No. 52,182
`
`
`
`Jad A. Mills
`Registration No. 63,344
`
`Counsel for Petitioner
`Wilson, Sonsini, Goodrich, & Rosati
`
`
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`

`

`U.S. Patent No. 9,730,900
`IPR2018-00174
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a copy of the foregoing Joint Request
`
`to Treat Binding Term Sheet (EX2024) as Business Confidential Information
`
`is being served on September 5, 2018, by filing it through the PTAB E2E System
`
`as well as by email directed to the attorneys of record for the Petitioner at the
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`following addresses:
`
`sparmelee@wsgr.com
`mrosato@wsgr.com
`jmills@wsgr.com
`
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`By: / Courtenay C. Brinckerhoff /
`Courtenay C. Brinckerhoff
`Registration No. 37,288
`
`Jason N. Mock
`Registration No. 69,186
`
`Counsel for Patent Owner
`Foley & Lardner LLP
`
`
`
`
`
`
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`

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