`
` Paper 25
`Trials@uspto.gov
`571-272-7822 Date: December 8, 2020
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`TEVA PHARMACEUTICALS USA, INC. AND WATSON
`LABORATORIES, INC.,
`Petitioner
`
`v.
`
`MERCK SHARP & DOHME CORP.,
`Patent Owner.
`____________
`
`IPR2020-01045
`Patent 7,326,708 B2
`____________
`
`
`
`Before SHERIDAN K. SNEDDEN, ROBERT A. POLLOCK, and
`TIMOTHY G. MAJORS, Administrative Patent Judges.
`
`MAJORS, Administrative Patent Judge.
`
`
`TERMINATION
`Due to Settlement After Institution of Trial
`35 U.S.C. § 317; 37 C.F.R. § 42.74
`
`
`
`
`
`IPR2020-01045
`Patent 7,326,708 B2
`
`DISCUSSION
`Pursuant to authorization by the Board, the parties filed the following:
`(1) a Joint Motion to Terminate IPR (Paper 22); (2) a true copy of the
`parties’ settlement agreement (Ex. 1023); and (3) a joint motion to treat the
`settlement agreement as business confidential information, and to keep
`separate from the file of the involved patent, under 37 C.F.R. § 42.74(c)
`(Paper 23).
`Oral argument has not been held, and a final written decision has not
`been entered. In the Joint Motion to Terminate IPR, the parties indicate that
`they have settled all their disputes in this proceeding, and have agreed to
`terminate the proceeding. Paper 22, 1. The parties represent that “there are
`no other agreements, oral or written, between the parties made in connection
`with, or in contemplation of, the termination of the proceeding, beyond the
`written agreements submitted as Ex. 1023.” Id. Under these particular
`circumstances, we determine that it is appropriate to terminate the
`proceeding without rendering a final written decision. See 35 U.S.C. § 317;
`37 C.F.R. § 42.72. We also have reviewed the copy of the parties’
`settlement agreement (Ex. 1023), and we determine that good cause exists to
`treat this settlement agreement as business confidential information, and
`keep it separate from the file of U.S Patent No. 7,326,708 B2 (Ex. 1001, “the
`’708 patent”), under 37 C.F.R. § 42.74(c).
`
`
`
`2
`
`
`
`IPR2020-01045
`Patent 7,326,708 B2
`
`ORDER
`In consideration of the foregoing, it is hereby:
`ORDERED that the parties’ request (Paper 23) to treat the true copy
`of their settlement agreement (Ex. 1023) as business confidential
`information, and to keep separate from the file of the involved patent, under
`37 C.F.R. § 42.74(c) is granted;
`FURTHER ORDERED that the settlement agreement (Ex. 1023) shall
`be treated as business confidential information, kept separate from the file of
`the ’708 patent, and made available only to Federal Government agencies on
`written request to the Board, or to any person on a showing of good cause,
`under the provisions of 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c); and
`FURTHER ORDERED that the parties’ Joint Motion to Terminate
`Proceeding (Paper 22) is granted, and the proceeding (IPR2020-01045) is
`terminated;
`FURTHER ORDERED that, within 10 days, the parties shall file in
`the IPR2020-00040 proceeding a Joint Motion to Withdraw Joinder as to
`Petitioners Teva Pharmaceuticals USA, Inc. and Watson Laboratories, Inc.
`Before filing the Joint Motion to Withdraw Joinder, the moving parties are
`also instructed to confer with the other parties in IPR2020-00040, such that
`the moving parties are in a position to indicate to the Board upon filing of
`the motion whether the Joint Motion to Withdraw Joinder is unopposed.
`
`
`
`
`
`
`
`3
`
`
`
`
`
`IPR2020-01045
`Patent 7,326,708 B2
`
`PETITIONER:
`Keith Zullow
`kzullow@goodwinprocter.com
`
`Sarah Fischer
`sfischer@goodwinprocter.com
`
`
`PATENT OWNER:
`
`Stanley Fisher
`sfisher@wc.com
`
`Jessamyn Berniker
`jberniker@wc.com
`
`Shaun Mahaffy
`smahaffy@wc.com
`
`Anthony Sheh
`asheh@wc.com
`
`
`
`
`
`
`
`4
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
