`Tel: 571-272-7822
`
`
`
`Paper 102
`Entered: December 5, 2019
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`ELI LILLY AND COMPANY,
`Petitioner,
`
`v.
`
`LOS ANGELES BIOMEDICAL RESEARCH INSTITUTE AT
`HARBOR-UCLA MEDICAL CENTER,
`Patent Owner.
`_______________
`
`Case IPR2014-00752
`Patent 8,133,903
`_______________
`
`
`
`Before FRANCISCO C. PRATS, SHERIDAN K. SNEDDEN, and
`SUSAN L. C. MITCHELL, Administrative Patent Judges.
`
`SNEDDEN, Administrative Patent Judge.
`
`
`
`
`ORDER
`Authorizing the Filing of a Joint Motion to Terminate
`35 U.S.C. § 317; 37 C.F.R. §§ 42.20(b), 42.72
`
`
`
`
`
`IPR2014-00752
`Patent 8,133,903
`
`
`In an email correspondence sent to the Board on December 2, 2019,
`the parties requested a teleconference to seek permission to file a joint
`motion to terminate Petitioner Celltrion from this proceeding. The relevant
`portion of the email reads as follows:
`Petitioner, Eli Lilly and Company (“Lilly”), and Patent Owner,
`Los Angeles Biomedical Research Institute at Harbor-UCLA
`Medical Center (“LAB”), have settled their disputes regarding
`U.S. Patent No. 8,133,903, which is the subject of IPR2014-
`00752.
`Accordingly, Lilly and LAB jointly request permission to file: (i)
`a Joint Motion To Terminate IPR2014-00752; and (ii) a Joint
`Motion To Keep The Settlement Agreement As Confidential
`Pursuant to 35 U.S.C. § 317.
`Upon consideration of the parties’ joint request, the parties are
`authorized to file a Joint Motion to Terminate (as a Paper). 35 U.S.C.
`§ 317(a). The Joint Motion to Terminate should reference this authorization
`and must (1) include a brief explanation as to why termination is
`appropriate; (2) identify all parties in any related litigation involving the
`patents at issue; (3) identify any related proceedings currently before the
`Office, and (4) discuss specifically the current status of each such related
`litigation or proceeding with respect to each party to the litigation or
`proceeding.
`The Joint Motion to Terminate also must include a true copy of any
`settlement agreement or understanding (as an Exhibit) and include a
`statement certifying that there are no collateral agreements or understandings
`made in connection with, or in contemplation of, the termination of the inter
`partes review. See 35 U.S.C. § 317(b); 37 C.F.R. § 42.74(b). A redacted
`version will not be accepted as a true copy of the settlement agreement.
`Attention of the parties is directed to FAQ G2 on the Board’s website page
`
`2
`
`
`
`IPR2014-00752
`Patent 8,133,903
`
`at https://www.uspto.gov/patents-application-process/patent-trial-and-
`appeal-board/ptab-e2e-frequently-asked-questions# for instructions on how
`to file a settlement agreement as confidential.
`The parties are authorized to file a Joint Request to File Settlement
`Agreement as Business Confidential Information Pursuant to 35 U.S.C.
`§ 317(b) in this proceeding. Any Joint Request to File the Settlement
`Agreement as Business Confidential Information must be filed as a separate
`paper contemporaneously with the Joint Motion to Terminate. See
`35 U.S.C. § 317(b); 37 C.F.R. § 42.74(c).
`In consideration of the foregoing, it is
`ORDERED that the parties are authorized to file, by no later than
`December 15, 2109, (1) a Joint Motion to Terminate (as a Paper), including
`a true copy of any settlement agreement (as an Exhibit), and (2) a Joint
`Request to File Settlement Agreement as Business Confidential Information
`Pursuant to 35 U.S.C. § 317(b) (as a separate Paper) in this proceeding.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`3
`
`
`
`IPR2014-00752
`Patent 8,133,903
`
`PETITIONER:
`
`Mark J. Feldstein
`Charles E. Lipsey
`Joshua L. Goldberg
`Maureen Queler
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP
`mark.feldstein@finnegan.com
`charles.lipsey@finnegan.com
`joshua.goldberg@finnegan.com
`maureen.quele@finnegan.com
`
`Mark J. Stewart
`Dan L. Wood
`ELI LILLY AND COMPANY
`stewart_mark@lilly.com
`wood_dan_l@lilly.com
`
`
`PATENT OWNER:
`
`David K. Tellekson
`Ewa M. Davison
`Virginia DeMarchi
`Michael Shuster
`Jonathan T. McMichael
`FENWICK & WEST LLP
`dtellekson@fenwick.com
`edavison@fenwick.com
`vdemarchi@fenwick.com
`mshuster@fenwick.com
`jmcmichael@fenwick.com
`
`
`
`4
`
`
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