`571-272-7822
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`
`
`
`
`Paper No. 9
`Entered: September 20, 2017
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MYLAN PHARMACEUTICALS INC.,
`Petitioner,
`
`v.
`
`COSMO TECHNOLOGIES LIMITED,
`Patent Owner.
`____________
`
`Case IPR2017-01034
`Patent 8,784,888 B2
`____________
`
`
`
`Before SUSAN L. C. MITCHELL, ZHENYU YANG, and
`KRISTI L. R. SAWERT, Administrative Patent Judges.
`
`SAWERT, Administrative Patent Judge.
`
`
`
`
`
`
`
`
`DECISION
`Granting Joint Motion to Terminate
`Due to Settlement Prior to Institution
`37 C.F.R. §§ 42.72, 42.74
`
`
`
`
`
`
`
`
`
`IPR2017-01034
`Patent 8,784,888 B2
`
`
`
`On September 20, 2017, the parties filed a joint motion to terminate
`the instant proceeding (Paper 7), accompanied by a true copy of a settlement
`agreement (Ex. 2001), and a joint request to treat the agreement as business
`confidential information, to be kept separate from the patent file, pursuant to
`35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c) (Paper 8).
`The parties indicate in their joint motion to terminate that they have
`reached an agreement resolving their current dispute involving U.S. Patent
`No. 8,784,888 B2 (“the ’888 patent”). Paper 7, 2. The parties request
`termination, stating that “[t]he settlement agreement was entered into in
`contemplation of termination of this proceeding.” Id. at 5. Additionally, the
`parties state that “[u]nder the terms of the settlement agreement, Patent
`Owner agrees to dismiss its infringement claim of [the ’888 patent] against
`Petitioner following termination of this IPR proceeding.” Id. at 2.
`This proceeding is in a preliminary stage. Patent Owner did not file a
`Preliminary Response, and no decision on whether to institute trial has been
`issued. Under the circumstances presented here, we determine that it is
`appropriate to terminate this preliminary proceeding with respect to both
`Petitioner and Patent Owner. Accordingly, we grant the parties’ joint
`motion to terminate. We also grant the parties’ joint request to treat their
`agreement as business confidential information, to be kept separate from the
`patent file.
`Accordingly, it is
`
`
`
`
`2
`
`
`
`
`
`
`IPR2017-01034
`Patent 8,784,888 B2
`
`
`
`ORDERED that the joint motion to terminate the proceedings is
`GRANTED;
`FURTHER ORDERED that the joint request to treat the parties’
`agreement as business confidential information, to be kept separate from the
`patent file, is GRANTED; and
`
`FURTHER ORDERED that the instant proceeding is TERMINATED.
`
`
`
`
`
`
`
`
`3
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`
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`IPR2017-01034
`Patent 8,784,888 B2
`
`
`PETITIONER:
`Jitendra Malik
`H. James Abe
`Lance Soderstrom
`Joseph Janusz
`ALSTON & BIRD LLP
`jitty.malik@alston.com
`james.abe@alston.com
`lance.soderstrom@alston.com
`joe.janusz@alston.com
`
`
`PATENT OWNER:
`Gary Frischling
`Yite Lu
`Irell & Manella LLP
`gfrischling@irell.com
`yjlu@irell.com
`
`
`4
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`
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