Before ZHENYU YANG, ROBERT A. POLLOCK, and TIMOTHY G. MAJORS, Administrative Patent Judges.

On March 13, 2024, Patent Owner wrote to the Board requesting expungement of Exhibit 2050.

According to Patent Owner, the as-filed version of Exhibit 2050 includes three paragraphs that comprise privileged information.

And, we find that good cause exists to grant that motion, which finding is premised on (a) Patent Owner’s unopposed representation that it inadvertently filed Exhibit 2050 in a form that includes the allegedly privileged information, and (b) Patent Owner’s promise to file a substitute, redacted-version of Exhibit 2050 if the Board authorizes expungement of the current, as-filed version.

The as-filed version of Exhibit 2050 is, at present, accessible by the parties and the Board only, and is subject to a pending motion to seal based on the alleged confidential nature of information (e.g., drug development IPR2023-00480 (Patent 7,713,947 B2) IPR2023-00481 (Patent 8,377,903 B2) plans) in that exhibit.

outside consultants or experts and their staffs retained by the parties or their attorneys for purposes of this action, who are not objected to pursuant to ¶ 8, and who first agree to be bound by the terms of this Protective Order by executing a copy of the Undertaking attached hereto as Exhibit A;

outside consultants or experts and their staffs retained by the parties or their attorneys for purposes of this action, who are not objected to pursuant to ¶ 8, and who first agree to be bound by the terms of this Protective Order by executing a copy of the Undertaking attached hereto as Exhibit A;

If the issue is raised with the Court, the party opposing disclosure shall bear the burden of proof with respect to the propriety of its objection and blocking of said individual from serving as an expert or consultant in this case.

For purposes of this section, it shall be irrelevant which party initially discovers the inadvertently or mistakenly produced items that are otherwise properly subject to a claim of attorney-client privilege, work product immunity, or on any other protection from discovery.

Notwithstanding the foregoing or a successful challenge under ¶ 16, and subject to a continuing obligation to protect all such material pursuant to this order, outside counsel may retain any archive copies of any filings, court papers, correspondence, deposition and trial transcripts, deposition and trial exhibits, expert reports, written discovery responses, and attorney work product (regardless of whether such materials contain or reference CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL INFORMATION for archival records).

INDOCO REMEDIES LIMITED and

Pursuant to Rules 41(a)(l) and 41(c) of the Federal Rules of Civil Procedure, Plaintiffs Bayer Intellectual Property GmbH, Bayer Pharma AG, Bayer AG, and Janssen Pharmaceuticals, Inc. (collectively, “Plaintiffs”) and Defendants Indoco Remedies Limited and FPP Holding Company LLC (collectively, “Indoco”), hereby stipulate and agree that Plaintiffs’ action against Indoco and Indoco’s action against Plaintiffs, including all claims and defenses asserted by Plaintiffs against Indoco and all claims and defenses asserted by Indoco against Plaintiffs, are hereby dismissed with prejudice.

All parties shall bear their own costs, disbursements and attorneys’ fees.

APOTEX INC. and APOTEX CORP., Defendants. )

Pursuant to Rules 41(a)(l) and 41(c) of the Federal Rules of Civil Procedure, Plaintiffs Bayer Intellectual Property GmbH, Bayer AG, and Janssen Pharmaceuticals, Inc. (collectively, “Plaintiffs”) and Defendants Apotex Inc. and Apotex Corp. (collectively, “Apotex” or “Defendants”), hereby stipulate and agree that Plaintiffs’ action against Apotex in C.A.

No. 23- 327-RGA and Apotex’s action against Plaintiffs in C.A.

No. 23-327-RGA, including all claims and defenses asserted by Plaintiffs against Apotex and all claims, defenses and counterclaims asserted by Apotex against Plaintiffs therein, are hereby dismissed with prejudice.

All parties shall bear their own costs, disbursements and attorneys’ fees.