throbber
Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`Paper No. 9
`Entered: March 29, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MYLAN PHARMACEUTICALS, INC.,
`Petitioner,
`
`v.
`
`BAYER INTELLECTUAL PROPERTY GMBH,
`Patent Owner.
`____________
`
`Case IPR2017-00041 (Patent 7,157,456 B2)
`Case IPR2017-00042 (Patent 7,585,860 B2)
`Case IPR2017-00043 (Patent 7,592,339 B2)1
`____________
`
`
`Before JACQUELINE WRIGHT BONILLA, Vice Chief Administrative
`Patent Judge, TINA E. HULSE, and ROBERT A. POLLOCK,
`Administrative Patent Judges.
`
`POLLOCK, Administrative Patent Judge.
`
`
`
`
`
`ORDER
`Dismissing the Petitions
`37 C.F.R. §§ 42.5(a), 42.71(a)
`
`
`
`
`1 This Order addresses issues that are common to each of the above-
`referenced cases. We, therefore, issue a single Order that has been entered
`in each case. The parties are not authorized to use this style caption unless
`otherwise instructed by the Board.
`
`
`
`

`

`IPR2017-00041 Patent 7,157,456 B2; IPR2017-00042 Patent 7,585,860 B2;
`IPR2017-00043 Patent 7,592,339 B2
`
`
`On March 28, 2017, pursuant to Board authorization, Petitioner Mylan
`Pharmaceuticals, Inc., filed an Unopposed Motion to Terminate Proceeding
`in each of the above-referenced cases. Paper 10.2 In accord with the paper
`captions, Petitioner avers that Patent Owner Bayer Intellectual Property
`GmbH does not oppose the Motions. Id. at 1.
`Petitioner indicates that there are no settlements or agreements
`between the parties as to any of the cases, and, therefore, no separate papers
`have been filed with the Board with its requests for termination. Id. at 2.
`These cases are in an early stage and the panel has not rendered a
`decision on institution in any of the cases. Based on the facts of these cases,
`it is appropriate to dismiss the cases. Therefore, Petitioner’s unopposed
`motions are GRANTED.
`
`ORDER
`In consideration of the foregoing, it is hereby:
`ORDERED that Petitioner’s unopposed motions to terminate
`IPR2017-00041, IPR2017-00042, and IPR2017-00043 are GRANTED; and
`FURTHER ORDERED that the cases are DISMISSED.
`
`
`
`
`
`2 Paper numbers refer to those filed in IPR2017-00041. Similar papers were
`filed in the other cases.
`
`2
`
`

`

`IPR2017-00041 Patent 7,157,456 B2; IPR2017-00042 Patent 7,585,860 B2;
`IPR2017-00043 Patent 7,592,339 B2
`
`PETITIONER:
`Steven W. Parmelee
`Michael T. Rosato
`Jad A. Mills
`WILSON SONSINI GOODRICH & ROSATI
`sparmelee@wsgr.com
`mrosato@wsgr.com
`jmills@wsgr.com
`
`PATENT OWNER:
`Dov P. Grossman
`Galina I. Fomenkova
`WILLIAMS & CONNOLLY LLP
`dgrossman@wc.com
`gfomenkova@wc.com
`
`
`
`3
`
`

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