`571-272-7822
`
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`
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` Paper No. 15
`Entered: May 23, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`RANBAXY INC.,
`Petitioner,
`v.
`
`JAZZ PHARMACEUTICALS, INC.,
`Patent Owner.
`____________
`
`Case IPR2016-00024
`Patent 8,772,306 B1
`____________
`
`
`Before ERICA A. FRANKLIN, BRIAN P. MURPHY, and
`CHRISTOPHER G. PAULRAJ, Administrative Patent Judges.
`
`PAULRAJ, Administrative Patent Judge.
`
`
`
`
`
`
`ORDER
`Termination of the Proceeding
`37 C.F.R. §§ 42.72, 42.74
`
`
`
`
`
`
`IPR2016-00024
`Patent 8,772,306 B1
`
`
`The parties have requested that this proceeding be terminated pursuant
`to settlement of the dispute regarding U.S. Patent No. 8,772,306 B1. Paper
`13. With their motion to terminate, the parties also filed a copy of a written
`settlement agreement (Exhibit 2021) that they request be kept confidential
`and separate from the patent file (Paper 13). 35 U.S.C. § 317(b).
`This proceeding is in its early stages. We instituted inter partes
`review on April 12, 2016, a Patent Owner Response has not yet been filed,
`and a hearing is not scheduled for several months. Papers 10, 11. The
`Office has not yet decided the merits of this proceeding, and a final written
`decision has not been entered. The parties have settled their dispute and
`executed a confidential settlement agreement to terminate this proceeding
`and the parties’ related district court litigation: Jazz Pharmaceuticals, Inc. v.
`Amneal Pharmaceuticals, LLC, 13-391-ES-JAD (D.N.J.). Under these
`circumstances, we determine it is appropriate to terminate this proceeding
`based on the settlement agreement. 47 C.F.R. §§ 42.72, 42.74.
`Accordingly, it is
`ORDERED that the joint motion to terminate the proceeding is
`granted; and
`FURTHER ORDERED that the joint request that the settlement
`agreement (Exhibit 2021) be treated as business confidential information and
`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) is granted; and
`FURTHER ORDERED that the proceeding is terminated.
`
`
`
`
`
`
`2
`
`
`
`IPR2016-00024
`Patent 8,772,306 B1
`
`PETITIONER:
`Joseph M. Reisman
`Carol Pitzel-Cruz
`Kerry S. Taylor
`2jmr@knobbe.com
`Carol.Pitzelcruz@knobbe.com
`Kerry.Taylor@knobbe.com
`
`PATENT OWNER:
`
`F. Dominic Cerrito
`Evangeline Shih
`Frank C. Calvosa
`Quinn Emanuel Urquhart & Sullivan, LLP
`nickcerrito@quinnemanuel.com
`evangelineshih@quinnemanuel.com
`frankcalvosa@quinnemanuel.com
`
`John V. Biernacki
`Jones Day
`jvbiernacki@jonesday.com
`
`
`
`
`
`
`
`3
`
`
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