`571-272-7822
`
`
`
`
`
` Paper 58
`Entered: July 21, 2014
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APOTEX CORP.
`Petitioner
`
`
`
`
`
`v.
`
`ALCON RESEARCH, LTD
`Patent Owner.
`____________
`
`Cases IPR2013-00428 (Patent 8,268,299 B2)
`IPR2013-00429 (Patent 8,323,630 B2)
`IPR2013-00430 (Patent 8,388,941 B2) 1
`
`____________
`
`Before LORA M. GREEN, FRANCISCO C. PRATS, and
`RAMA G. ELLURU, Administrative Patent Judges.
`
`GREEN, Administrative Patent Judge.
`
`
`JUDGEMENT
`Termination of the Proceedings
`37 C.F.R. § 42.73
`
`The parties have requested that these trial proceedings be terminated
`
`pursuant to a settlement. On July 10, 2014, we authorized the parties to file
`
`joint requests to terminate and to file the settlement agreement as business
`
`
`1 We exercise our discretion to issue one order to be filed in each case. The
`parties, however, are not authorized to use this style heading in subsequent
`papers
`
`
`
`IPR2013-00428 (Patent 8,268,299 B2)
`IPR2013-00429 (Patent 8,323,630 B2)
`IPR2013-00430 (Patent 8,388,941 B2)
`
`confidential information under 37 C.F.R. § 42.74(c). Papers 56, 54, and 54.2
`
`On July 14, 2014, the parties filed a joint motion to terminate, as well as a
`
`joint motion requesting that the joint settlement agreement be treated as
`
`business confidential information and sealed. Papers 57, 58; 55, 56; and 55,
`
`56; see also 35 U.S.C. § 317; 37 C.F.R. § 42.72. With their motion to
`
`terminate and seal, the parties also filed a copy of a written settlement
`
`agreement. Exs. 1020, 1020, and 1020.
`
`A decision by the Board to institute a trial was entered on January 2,
`
`2014. Papers 9, 8, and 9. The briefing and discovery processes have not
`
`been completed in these proceedings, and the panel has not yet decided the
`
`merits of the proceedings. The parties have identified other related matters
`
`involving the patents at issue between Alcon Research, Ltd. (“Alcon”), and
`
`other parties, but indicate that there are no other related proceedings between
`
`the Patent Owner, Alcon, and Petitioner, Apotex Corp., and the patents at
`
`issue in these proceedings. Papers 57, 2; 55, 2; and 55, 2. Under these
`
`circumstances, we determine that it is appropriate to enter judgment3 and
`
`terminate the trials without rendering a final written decision. 37 C.F.R.
`
`§ 42.72.
`
`It is, therefore,
`
`ORDERED that the joint motions to terminate the proceedings are
`
`GRANTED and the proceedings are hereby terminated;
`
`
`2 The listed paper numbers refer to the paper numbers of the proceedings in
`numerical order, that is, the first paper number is the paper number in
`IPR2013-00428, the second paper number is the paper number in IPR2013-
`00429, and the third paper number is the paper number in IPR2013-00430.
`3 A judgment means a final written decision by the Board, or a termination of
`a proceeding. 37 C.F.R. § 42.2
`
`
`
`2
`
`
`
`IPR2013-00428 (Patent 8,268,299 B2)
`IPR2013-00429 (Patent 8,323,630 B2)
`IPR2013-00430 (Patent 8,388,941 B2)
`
`
`FURTHER ORDERED that the parties’ joint requests that the
`
`settlement agreement be treated as business confidential information and
`
`shall be kept separate from the file of the involved patents under the
`
`provisions of 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), are GRANTED.
`
`
`
`For PETITIONER:
`
`Eldora Ellison
`eellison-PTAB@skgf.com
`
`Ralph Powers
`tpowers-PTAB@skgf.com
`
`David Holman
`dholman-PTAB@skgf.com
`
`H. Keeto Sabharwal
`keetos-PTAB@skgf.com
`
`Paul Ainsworth
`painsworth@skgf.com
`
`
`For PATENT OWNER:
`
`Stanley Fisher
`sfisher@wc.com
`
`Barry Copeland
`barry.copeland@alcon.com
`
`David Krinsky
`dkrinsky@wc.com
`
`Adam Perlman
`aperlman@wc.com
`
`
`
`3
`
`
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