`571-272-7822
`
`Paper 9
` Entered: August 2, 2019
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ADAMIS PHARMACEUTICALS CORPORATION,
`Petitioner,
`
`v.
`
`BELCHER PHARMACEUTICALS, LLC,
`Patent Owner.
`____________
`
`Case IPR2019-01021
`Patent 9,283,197 B1
`____________
`
`
`
`Before SUSAN L. C. MITCHELL, TINA E. HULSE, and
`CYNTHIA M. HARDMAN, Administrative Patent Judges.
`
`HARDMAN, Administrative Patent Judge.
`
`
`DECISION
`Granting Joint Motion to Terminate and
`Joint Request to Treat Settlement Agreement as
`Business Confidential Information
`37 C.F.R. §§ 42.5(a), 42.71(a)
`
`
`
`IPR2019-01021
`Patent 9,283,197 B1
`
`
`
`On July 29, 2019, the parties filed a joint motion to terminate the
`proceeding under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c). Paper 7. The
`parties also filed a copy of a Settlement and License Agreement (Exhibit
`1026), along with a joint request to treat the agreement as business
`confidential information under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c).
`Paper 8.
`Generally, the Board expects that a proceeding will terminate after the
`filing of a settlement agreement, unless the Board has already decided the
`merits of the proceeding. See, e.g., Office Patent Trial Practice Guide, 77 Fed.
`Reg. 48,756, 48,768 (Aug. 14, 2012). This case is in the preliminary
`proceeding stage, and we have not yet decided whether to institute trial. In
`view of the early stage of this proceeding and the settlement between the
`Parties, we determine that it is appropriate to dismiss the case without
`rendering a decision as to whether a trial will be instituted. See
`37 C.F.R. § 42.71(a). Therefore, we grant the Joint Motion to Terminate.
`We also determine that the parties have complied with the requirements
`of 37 C.F.R. § 42.74(c) to have the Settlement and License Agreement
`(Exhibit 1026) treated as business confidential information and kept separate
`from the files of the patent at issue in this proceeding. Thus, we grant the
`Joint Request to treat the Settlement and License Agreement as business
`confidential information.
`
`
`
`2
`
`
`
`IPR2019-01021
`Patent 9,283,197 B1
`
`
`ORDER
`For the foregoing reasons, it is hereby:
`ORDERED that the Joint Motion to Terminate is granted;
`FURTHER ORDERED that the Joint Request to treat the Settlement
`and License Agreement (Exhibit 1026) as business confidential information
`is granted;
`FURTHER ORDERED that the Settlement and License Agreement
`shall be kept separate from the file of Patent 9,283,197 B1, and made available
`only to Federal Government agencies on written request, or to any person on
`a showing of good cause, pursuant to 37 C.F.R. § 42.74(c); and
`FURTHER ORDERED that the Petition for inter partes review is
`DISMISSED.
`
`
`
`3
`
`
`
`IPR2019-01021
`Patent 9,283,197 B1
`
`
`For PETITIONER:
`
`Jason A. Engel
`Kacy L. Dicke
`K&L GATES LLP
`jason.engel.ptab@klgates.com
`kacy.dicke.@klgates.com
`
`
`For PATENT OWNER:
`
`Cole Y. Carlson
`Stefan V. Stein
`GRAYROBINSON, P.A.
`cole.carlson@gray-robinson.com
`stefan.stein@gray-robinson.com
`
`
`
`4
`
`
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