`571-272-7822
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`Paper No. 10
`Entered: August 14, 2017
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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`PAR PHARMACEUTICAL, INC.,
`Petitioner,
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`v.
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`SUMITOMO DAINIPPON PHARMA CO., LTD.,
`Patent Owner.
`_______________
`
`Case IPR2017-01292
`Patent 9,555,027 B2
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`_______________
`
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`Before GRACE KARAFFA OBERMANN, ZHENYU YANG, and
`KRISTI L. R. SAWERT, Administrative Patent Judges.
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`SAWERT, Administrative Patent Judge.
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`DECISION
`Granting Joint Motion to Terminate
`Due to Settlement Prior to Institution
`37 C.F.R. § 42.72, 42.74
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`IPR2017-01292
`Patent 9,555,027 B2
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`On August 1, 2017, the parties filed a joint motion to terminate the
`instant proceeding (Paper 8), accompanied by a true copy of a settlement
`agreement (Ex. 2002) 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 9).
`The parties indicate in their joint motion to terminate that they have
`reached an agreement resolving their current dispute involving U.S. Patent
`No. 9,555,027 B2 (“the ’027 patent”). Paper 8, 1. The parties request
`termination, stating that “[t]here are no additional collateral agreements or
`understandings made in connection with, or in contemplation of, termination
`of the inter partes review.” Id. Finally, the parties state that there are no
`related district court litigations involving the ’027 patent, nor any pending,
`related inter partes review proceedings. Id. at 2–3.
`This proceeding is in a preliminary stage. Patent Owner has not filed
`a Preliminary Response, and no decision on whether to institute trial has
`been made. 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
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`IPR2017-01292
`Patent 9,555,027 B2
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`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
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`FURTHER ORDERED that the instant proceeding is TERMINATED.
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`IPR2017-01292
`Patent 9,555,027 B2
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`PETITIONER:
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`Daniel Brown
`Jon Strang
`LATHAM & WATKINS LLP
`daniel.brown@lw.com
`jonathan.strang@lw.com
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`PATENT OWNER:
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`Preston Ratliff
`Naveen Modi
`Michael Stramiello
`PAUL HASTINGS LLP
`prestonratliff@paulhastings.com
`naveenmodi@paulhastings.com
`michaelstramiello@paulhastings.com
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`4
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