`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`__________
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`__________
`
`
`LUPIN LTD. AND LUPIN PHARMACEUTICALS INC.,
`Petitioner
`
`v.
`
`HORIZON THERAPEUTICS, LLC,
`Patent Owner
`
`__________
`
`
`Case IPR2018-00459
`Patent 9,561,197
`
`__________
`
`JOINT REQUEST TO TREAT SETTLEMENT AGREEMENT AS
`BUSINESS CONFIDENTIAL UNDER 35 U.S.C. § 317(B) AND
` 37 C.F.R. § 42.74(C)
`
`
`
`
`
`
`
`
`
`Pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), Petitioner Lupin
`
`Ltd. and Lupin Pharmaceuticals Inc. (collectively “Lupin” or “Petitioner”) and
`
`Patent Owner Horizon Therapeutics, LLC (“Horizon” or “Patent Owner”) hereby
`
`jointly request that a true copy of their settlement agreement, filed concurrently
`
`herewith as Exhibit 2021, be treated as business confidential information and be
`
`kept separate from the file of IPR2018-00459 involving U.S. Patent 9,561,197.
`
`Concurrently with the filing of this Request, the Petitioner and Patent Owner are
`
`filing a Joint Motion to Terminate this inter partes review due to the settlement
`
`between the parties.
`
`Specifically, as the parties consider the settlement agreement to contain
`
`highly sensitive business confidential information that would substantially harm
`
`their business interests if publicly disclosed, the parties hereby jointly request that
`
`the settlement agreement be kept as a separate paper to be made available only
`
`under the provisions of 35 U.S.C § 317(b) and 37 C.F.R. § 42.74(c). The
`
`settlement agreement has been filed for access by the “Parties and Board Only.”
`
`The parties further jointly request that the Board order that in the event a person or
`
`entity makes a written request, as stated in 37 C.F.R. § 42.74(c)(1)-(2), for access
`
`to the settlement agreement, that any such written request be served upon the
`
`parties on the day the written request is provided to the Board.
`
`
`
`
`
`Date: 2018 July 9
`
`Respectfully submitted,
`
`By: / M.C. Phillips /
`Matthew C. Phillips
`Registration No. 43,403
`Matthew C. Phillips
`Reg. No. 43,403
`Backup Counsel for Patent Owner
`LAURENCE & PHILLIPS IP LAW
`7327 SW Barnes Road #521
`Portland, Oregon 97225
`Phone: (503) 964-1129
`Fax: (703) 439-1624
`mphillips@lpiplaw.com
`
`Robert F. Green
`Reg. No. 27,555
`Lead Counsel for Patent Owner
`GREEN, GRIFFITH & BORG-BREEN, LLP
`City Place, Suite 3900
`676 N Michigan Avenue
`Chicago, Illinois 60611
`Phone: (312) 883-8000
`Fax: (312) 883-8001
`rgreen@greengriffith.com
`
`
`Date: 2018 July 9
`
`By: / Elizabeth J. Holland /
`Elizabeth J. Holland
`Registration No. 47,657
`Cynthia Lambert Hardman
`Reg. No. 53,179
`Backup Counsel for Petitioner
`GOODWIN PROCTER LLP
`The New York Times Building
`620 Eighth Avenue
`New York, NY 10018-1405
`chardman@goodwinlaw.com
`Tel: 212-459-7295
`Fax: 212-355-3333
`
`Elizabeth J. Holland
`Reg. No. 47,657
`Lead Counsel for Petitioner
`GOODWIN PROCTER LLP
`The New York Times Building
`620 Eighth Avenue
`New York, NY 10018-1405
`eholland@goodwinlaw.com
`Tel: 212-459-7230
`Fax: 212-355-3333
`
`
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I certify that on July 9, 2018, the foregoing JOINT REQUEST TO TREAT
`
`SETTLEMENT AGREEMENT AS BUSINESS CONFIDENTIAL UNDER 35
`
`U.S.C. § 317(B) AND 37 C.F.R. § 42.74(C), including all papers filed therewith,
`
`have been served on the petitioner’s counsel of record via email, as agreed to by
`
`counsel, as follows:
`
`Elizabeth Holland: Eholland@goodwinlaw.com
`
`Cynthia Lambert Hardman: Chardman@goodwinlaw.com
`
`Andrew E. Riley: Ariley@goodwinlaw.com
`
`/ M.C. Phillips /
`Matthew C. Phillips
`Registration No. 43,403
`
`
`
`
`