`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`__________
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`__________
`
`
`PAR PHARMACEUTICAL, INC.,
`Petitioner
`
`v.
`
`HORIZON THERAPEUTICS, LLC,
`Patent Owner
`
`__________
`
`
`Case IPR2018-01550
`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 Par
`
`Pharmaceutical, Inc. (“Par” 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
`
`2001, be treated as business confidential information and be kept separate from the
`
`file of IPR2018-01550 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 September 28
`
`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 September 28
`
`
`
` By: / David Silverstein /
`
` David Silverstein
`
` Registration No. 61,948
`
`Aziz Burgy
`Reg. No. 51,514
`Backup Counsel for Petitioner
`
`AXINN, VELTROP & HARKRIDER
`LLP
`114 West 47th Street, 22nd Floor
`New York, NY 10036
`(212) 261-5651
`aburgy@axinn.com
`
`David H. Silverstein
`Reg. No. 61,948
`Lead Counsel for Petitioner
`
`AXINN, VELTROP & HARKRIDER
`LLP
`114 West 47th Street, 22nd Floor
`New York, NY 10036
` (212) 261-5651
`dsilverstein@axinn.com
`
`
`
`
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I certify that on September 28, 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:
`
`David H. Silverstein:
`Aziz Burgy:
`
`Dan Feng Mei:
`
`Christopher M. Gallo:
`
`dsilverstein@axinn.com
`aburgy@axinn.com
`dmei@axinn.com; Ravicti@axinn.com
`cgallo@axinn.com
`
`By:/ M.C. Phillips /
`
`Matthew C. Phillips
`Registration No. 43,403
`
`
`
`
`
`
`
`
`
`
`
`
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