`571.272.7822
`
`
` Paper 60
` Entered: November 3, 2020
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`PFENEX INC.,
`Petitioner,
`
`v.
`
`GLAXOSMITHKLINE BIOLOGICALS SA,
`Patent Owner.
`
`IPR2019-01028
`Patent No. 9,422,345 B2
`
`Before SHERIDAN K. SNEDDEN, JO-ANNE M. KOKOSKI, and
`RICHARD J. SMITH, Administrative Patent Judges.
`
`SMITH, Administrative Patent Judge.
`
`ORDER DENYING JOINT MOTION TO TERMINATE, GRANTING
`LEAVE TO FILE AMENDED MOTION TO TERMINATE, AND
`GRANTING JOINT REQUEST THAT SETTLEMENT AGREEMENT BE
`TREATED AS BUSINESS CONFIDENTIAL INFORMATION AND BE
`KEPT SEPARATE
`35 U.S.C. § 317; 37 C.F.R § 42.74
`
`
`
`IPR2019-01028
`Patent 9,422,345 B2
`
`At the request of the parties, the Board authorized the parties to file a
`motion to terminate, settlement agreement, and motion to keep the
`settlement agreement business confidential. Ex. 3005. On October 30,
`2020, the parties filed a Joint Motion to Terminate (Paper 57), and a Joint
`Request to File Settlement Materials as Business Confidential Information
`and to Maintain said Materials Separate from the Public File (Paper 58).
`The parties also filed a Confidential Settlement Agreement. Ex. 2049.
`The parties state in the Joint Motion to Terminate that “Petitioner and
`Patent Owner concurrently file a true and complete copy of their confidential
`written settlement materials (Confidential Exhibit 2049) in connection with
`this matter as required by statute,” and that “the parties’ settlement
`completely resolves the controversy between Patent Owner and Petitioner
`relating to U.S. Patent No. 9,422,345.” Paper 57, 1, 2. However, the Joint
`Motion to Terminate does not certify that there are no other agreements or
`understandings, oral or written, between the parties made in connection with,
`or in contemplation of, the termination of the above-referenced proceeding.
`See 35 U.S.C. § 317(b). The parties are granted leave to file an Amended
`Motion to Terminate certifying that there are no such agreements or
`understandings.
`Accordingly, for the foregoing reasons, it is hereby
`ORDERED that the parties’ request that the settlement materials
`(Confidential Ex. 2049) be treated as business confidential information, to
`be kept separate from the files of U.S. Patent No. 9,422,345 B2, under the
`provisions of 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), is GRANTED;
`FURTHER ORDERED that the Joint Motion to Terminate the above-
`referenced proceeding is DENIED; and
`
`2
`
`
`
`IPR2019-01028
`Patent 9,422,345 B2
`
`FURTHER ORDERED that the parties are granted leave to file an
`Amended Joint Motion to Terminate containing a certification that there are
`other agreements or understandings no later than November 5, 2020.
`
`For PETITIONER:
`Jeffrey Guise
`Lora Green
`Wendy Devine
`Lorelei Westin
`WILSON SONSINI GOODRICH & ROSATI
`jguise@wsgr.com
`lgreen@wsgr.com
`wdevine@wsgr.com
`lwestin@wsgr.com
`
`For PATENT OWNER:
`Charles Lipsey
`Rich Racine
`Joann Neth
`Amanda Murphy
`Trenton Ward
`Yieyie Yang
`FINNNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP
`Charles.lipsey@finnegan.com
`Rich.racine@finnegan.com
`Joan.neth@finnegan.com
`Amanda.murphy@finnegan.com
`Trenton.ward@finnegan.com
`Yieyie.yang@finnegan.com
`
`3
`
`
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