`571-272-7822
`
`Paper 52
`Entered: November 27, 2018
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MICRO LABS LIMITED and
`MICRO LABS USA INC.,
`Petitioner,
`
`v.
`
`SANTEN PHARMACEUTICAL CO., LTD. and
`ASAHI GLASS CO., LTD.,
`Patent Owner.
`____________
`
`Case IPR2017-01434
`Patent 5,886,035
`____________
`
`
`
`
`Before JO-ANNE M. KOKOSKI, CHRISTOPER G. PAULRAJ, and
`DEBRA L. DENNETT, Administrative Patent Judges.
`
`KOKOSKI, Administrative Patent Judge.
`
`
`
`DECISION
`Termination With Respect to Petitioner
`37 C.F.R. § 42.74
`
`
`
`IPR2017-01434
`Patent 5,886,035
`
`
`On November 27, 2018, with Board authorization, the parties filed a
`
`joint motion to terminate this proceeding (Paper 50), along with what they
`
`indicate is a copy of their written settlement agreement (Ex. 2066). On the
`
`same day, the parties also filed a joint motion requesting that the settlement
`
`agreement be treated as business confidential information and kept separate
`
`from the file of U.S. Patent No. 5,886,035 (“the ’035 patent”). Paper 51.
`
`For the reasons provided below, the joint motion to terminate is
`
`granted-in-part. That is, the proceeding is terminated with respect to Micro
`
`Labs Limited and Micro Labs USA, Inc. (collectively, “Petitioner”), but the
`
`proceeding is not terminated. The joint request that the settlement
`
`agreement be treated as business confidential information is granted.
`
`Although the parties may agree to settle their issues related to the ’035
`
`patent, the Board is not a party to that settlement and may determine
`
`independently any question of patentability. 37 C.F.R. § 42.74(a). Here, the
`
`issues are fully briefed, an oral hearing was held on September 6, 2018, and
`
`the statutory deadline for filing a final written decision is November 29,
`
`2018, just two days after the parties moved to terminate the proceedings.
`
`In view of the parties’ settlement agreement, we determine that it is
`
`appropriate to terminate the involvement of Petitioner. However, due to the
`
`advanced stage of this proceeding, rather than terminate this proceeding, we
`
`will proceed to a final written decision. 35 U.S.C. §§ 317(a) and 318(a).
`
`Accordingly, it is
`
`ORDERED that the joint motion to terminate (Paper 50) is granted-
`
`in-part, and the proceeding is terminated as to Micro Labs Limited and
`
`Micro Labs USA Inc.; and
`
`
`
`
`2
`
`
`
`IPR2017-01434
`Patent 5,886,035
`
`
`FURTHER ORDERED that the joint request that the settlement
`
`agreement (Ex. 2066) be treated as business confidential information
`
`(Paper 51) is granted.
`
`
`
`
`
`PETITIONER:
`
`Cedric C.Y. Tan
`Sean M. Weinman
`H. Keeto Sabharwal
`Yun Wei
`Alton L. Hare
`PILLSBURY WINTHROP
`SHAW PITTMAN LLP
`cedric.tan@pillsburylaw.com
`sean.weinman@pillsburylaw.com
`keeto.sabharwal@pillsburylaw.com
`sophie.wei@pillsburylaw.com
`alton.hare@pillsburylaw.com
`
`
`
`PATENT OWNER:
`
`Arlene L. Chow
`Ernest Yakob, Ph.D.
`HOGAN LOVELLS US LLP
`arlene.chow@hoganlovells.com
`ernest.yakob@hoganlovells.com
`
`
`
`
`
`
`3
`
`
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