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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`___________________
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`___________________
`
`
`MYLAN PHARMACEUTICALS INC.,
`Petitioner,
`
`v.
`
`COSMO TECHNOLOGIES LIMITED,
`Patent Owner.
`
`U.S. Patent No. 8,784,888 to Villa et al.
`Issue Date: June 22, 2014
`Title: Controlled Release and Taste Masking Oral Pharmaceutical Compositions
`___________________
`
`
`Inter Partes Review No.: IPR2017-01034
`
`___________________
`
`JOINT REQUEST TO TREAT AGREEMENT AS BUSINESS
`CONFIDENTIAL UNDER 35 U.S.C. § 317 (B) AND 37 C.F.R. § 42.74(C)
`
`
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`10167053
`
`
`- 1 -
`
`
`
`

`

`
`
`
`
`Pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), Petitioner Mylan
`Pharmaceuticals, Inc. (“Petitioner”) and Patent Owner Cosmo Technologies Limited
`(“Patent Owner”), collectively the “Parties,” hereby jointly request that a true copy
`of the settlement agreement, filed concurrently herewith as Exhibit 2001 be treated
`as business confidential information and be kept separate from the file of IPR2017-
`01034 involving U.S. Patent 8,784,888. Exhibit 2001 is being submitted in the
`PRPS system as “Parties and Board Only.” As the Parties consider the settlement
`agreement to be business confidential information that would substantially harm
`their business interests if publicly disclosed, the Parties jointly request that this
`settlement agreement shall only be available pursuant to the conditions of 37 C.F.R.
`§ 42.74(c)(1)-(2). The parties further jointly request that the Board further order
`that in the event a person or entity makes a written request, as stated in 37 C.F.R. §
`42.74(c)(1)-(2), for access to the settlement agreement, that any such written request
`be served upon the parties on the day the written request is provided to the Board.
`
`
`Dated: September 20, 2017
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`/s/ Gary Frischling
`
`
`Gary N. Frischling, Reg. No. 35,515
`Yite John Lu, Reg. No. 63,158
`Irell & Manella LLP
`
`Attorneys for Patent Owner
`Cosmo Technologies Limited
`
`
`
`
`- 2 -
`
`Case No. IPR2017-01034
`U.S. Patent 8,784,888
`
`

`

`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`
`Pursuant to 37 C.F.R. § 42.6, the undersigned certifies that on September 20,
`
`2017, a copy of the foregoing document was served upon the following, by email to:
`
`
`
`Jitendra Malik, Ph.D.
`Reg. No. 55,823
`jitty.malik@alston.com
`
`H. James Abe
`Reg. No. 61,182
`james.abe@alston.com
`
`Lance Soderstrom
`Reg. No. 65,405
`lance.soderstrom@alston.com
`
`Joseph M. Janusz
`Reg. No. 70,396
`joe.janusz@alston.com
`
`ALSTON & BIRD LLP
`
`
`
`
`
`
`
`
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`
`
`/s/ Susan Langworthy
`Susan M. Langworthy
`
`
`
`
`- 3 -
`
`Case No. IPR2017-01034
`U.S. Patent 8,784,888
`
`

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