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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`TEVA PHARMACEUTICALS USA, INC. AND WATSON
`LABORATORIES, INC.
`Petitioners,
`v.
`MERCK SHARP & DOHME CORP.
`Patent Owner.
`_______________
`Case IPR2020-01045
`Patent 7,326,708
`_______________
`
`JOINT MOTION TO TREAT SETTLEMENT AGREEMENTS (EX. 1023) AS
`BUSINESS CONFIDENTIAL INFORMATION PURSUANT TO 35 U.S.C.
`§ 317(b) AND 37 C.F.R. § 42.74(c) AND TO KEEP SEPARATE
`
`
`
`
`
`
`
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`

`

`Case IPR2020-01045
`Patent No. 7,326,708
`
`
`Pursuant to 35 U.S.C. § 317(b) and C.F.R. § 42.74(c), and pursuant to the
`
`authorization to file this motion provided by the Board in an email dated November
`
`20, 2020, Petitioners Teva Pharmaceuticals USA, Inc. and Watson Laboratories, Inc.
`
`(collectively “Teva”) and Patent Owner Merck Sharp & Dohme Corp. (“Merck”)
`
`(collectively “the Parties”) jointly request that the settlement agreements between
`
`the Parties – as referenced in the Joint Motion to Terminate IPR, filed concurrently
`
`herewith, and designated as Exhibit 1023 – be treated as business confidential
`
`information that shall be kept separate from the file of the involved patent. In view
`
`of that request, the settlement agreements have been filed for access by the “Parties
`
`and Board Only.”
`
`
`
`
`
`Date: November 24, 2020
`
`
`
`
`
`
`
`1
`
`Respectfully submitted,
`
`
`
`
`
`
`
`
`
`/Stanley E. Fisher/
`Stanley E. Fisher (Reg. No. 55,820)
`Bruce R. Genderson (Pro Hac Vice
`motion to be submitted)
`Jessamyn S. Berniker (Reg. No.
`72,328)
`Alexander S. Zolan (Pro Hac Vice
`motion to be submitted)
`Elise M. Baumgarten (Pro Hac Vice
`motion to be submitted)
`Shaun P. Mahaffy (Reg. No. 75,534)
`Anthony H. Sheh (Reg. No. 70,576)
`
`

`

`Case IPR2020-01045
`Patent No. 7,326,708
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`WILLIAMS & CONNOLLY LLP
`725 Twelfth Street, N.W.
`Washington, DC 20005
`T: (202) 434-5000
`F: (202) 434-5029
`sfisher@wc.com
`bgenderson@wc.com
`jberniker@wc.com
`
`Counsel for Patent Owner
`Merck Sharp & Dohme Corp.
`
`/Keith A. Zullow/
`Keith A. Zullow (Reg. No. 37,975)
`Goodwin Procter LLP
`The New York Times Building
`620 Eighth Avenue
`New York, NY 10018-1405
`Tel: 212-813--8800
`Fax: 212-355-3333
`kzullow@goodwinlaw.com
`
`Counsel for Petitioners Teva
`Pharmaceuticals USA, Inc. and
`Watson Laboratories, Inc.
`
`2
`
`

`

`Case IPR2020-01045
`Patent No. 7,326,708
`
`
`CERTIFICATION OF SERVICE ON PATENT OWNER
`Pursuant to 37 C.F.R. §§ 42.6(e), the undersigned certifies service of the
`foregoing Joint Motion to Treat Settlement Agreements (EX. 1023) as Business
`Confidential Information Pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c)
`on the counsel of record for the Patent Owner via electronic mail to the following
`addresses:
`
`
`Dated: November 24, 2020
`
`
`
`Stanley E. Fisher
`Jessamyn S. Berniker
`Bruce R. Genderson
`Alexander S. Zolan
`Elise M. Baumgarten
`Shaun P. Mahaffy
`Anthony H. Sheh
`Williams & Connolly LLP
`725 Twelfth Street, N.W.
`Washington, DC 20005
`sfisher@wc.com
`jberniker@wc.com
`bgenderson@wc.com
`azolan@wc.com
`ebaumgarten@wc.com
`smahaffy@wc.com
`asheh@wc.com
`MerckSitagliptin@wc.com
`
`
`
`/Keith A. Zullow/
`Keith A. Zullow (Reg. No. 37,975)
`
`
`3
`
`

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