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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`PATENT TRIAL AND APPEAL BOARD
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`ADAMIS PHARMACEUTICALS CORPORATION
`Petitioner
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`v.
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`BELCHER PHARMACEUTICALS, LLC
`Patent Owner
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`_____________________
`CASE: IPR2019-01021
`U.S. PATENT NO. 9,283,197
`_____________________
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`JOINT REQUEST TO TREAT SETTLEMENT AND LICENSE
`AGREEMENT AS BUSINESS CONFIDENTIAL INFORMATION AND TO
`MAINTAIN SAID AGREEMENT SEPARATE FROM THE PUBLIC FILE
`PURSUANT TO 35 U.S.C. § 317(b) AND 37 C.F.R. § 42.74(c)
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`Case No. IPR2019-01021
`U.S. Patent No. 9,283,197
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`Pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), and the Board’s
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`authorization of July 26, 2019, Petitioner Adamis Pharmaceuticals Corporation,
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`LLC and Patent Owner Belcher Pharmaceuticals, LLC jointly request to treat as
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`business confidential information the true copy of the Settlement and License
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`Agreement (Confidential Exhibit 1026) between the parties, as referenced in the
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`parties’ Joint Motion to Terminate Pursuant to 35 U.S.C. § 317 and 37 C.F.R. §
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`42.74, filed concurrently herewith.
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`35 U.S.C. § 317(b) provides that:
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`At the request of a party to the proceeding, the agreement
`or understanding shall be treated as business confidential
`information, shall be kept separate from the file of the
`involved patents, and shall be made available only to
`Federal Government agencies on written request, or to any
`person on a showing of good cause.
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`Likewise, 37 C.F.R. § 42.74(c) provides that:
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`A party to a settlement may request that the settlement be
`treated as business confidential information and be kept
`separate from the files of an involved patent or application.
`The request must be filed with the settlement. If a timely
`request is filed, the settlement shall only be available:
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`(1) To a Government agency on written request to the
`Board; or
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`1
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`Case No. IPR2019-01021
`U.S. Patent No. 9,283,197
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`(2) To any other person upon written request to the
`Board to make the settlement agreement available,
`along with the fee specified in § 42.15(d) and on a
`showing of good cause.
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`The present request, which is being filed contemporaneously with the
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`Settlement and License Agreement, is timely and in accordance with the foregoing
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`authority. Therefore, the parties request that the Settlement and License Agreement
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`(Confidential Exhibit 1026) (i) be treated as business confidential information, (ii)
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`be maintained separate from the publicly available file of the involved patent, and
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`(iii) shall be made available only to Federal Government agencies on written request,
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`or to persons showing good cause on written request, pursuant to 35 U.S.C. § 317(b)
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`and 37 C.F.R. § 42.74(c).
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`Dated: July 29, 2019
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`Respectfully submitted,
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`/Jason A. Engel/
`Jason A. Engel
`Reg. No. 51,654
`Customer No. 24573
`Jason.Engel.PTAB@klgates.com
`T: (312) 807-4236
`F: (312) 827-8145
`K&L Gates LLP
`70 W. Madison Street, Suite 3100
`Chicago, IL 60602
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`Counsel for Petitioner
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`2
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that on July 29, 2019, a true and correct copy
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`of the foregoing JOINT REQUEST TO TREAT SETTLEMENT AND
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`LICENSE AGREEMENT AS BUSINESS CONFIDENTIAL INFORMATION
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`AND TO MAINTAIN SAID AGREEMENT SEPARATE FROM THE
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`PUBLIC FILE PURSUANT TO 35 U.S.C. § 317(b) AND 37 C.F.R. § 42.74(c)
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`was served via electronic mail on the following counsel of record for Patent Owner:
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`Cole Y. Carlson
`cole.carlson@gray-robinson.com
`Stefan V. Stein
`stefan.stein@gray-robinson.com
`ptotpa@gray-robinson.com
`GrayRobinson, P.A.
`401 E. Jackson Street, Suite 2700
`Tampa, FL 33602
`Telephone: (813) 273-5000
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`By:
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`/Jason A. Engel/
`Jason A. Engel
`Reg. No. 51,654
`Customer No. 24573
`Jason.Engel.PTAB@klgates.com
`T: (312) 807-4236
`F: (312) 827-8145
`K&L Gates LLP
`70 W. Madison Street, Suite 3100
`Chicago, IL 60602
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