`571.272.7822
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` Paper No. 64
` Entered: August 27, 2018
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`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`WATSON LABORATORIES, INC.
`Petitioner,
`
`v.
`
`UNITED THERAPEUTICS, CORP.
`Patent Owner.
`____________
`
`Case IPR2017-01621
`Patent 9,358,240 B2
`____________
`
`
`Before TONI R. SCHEINER, ERICA A. FRANKLIN, and
`DAVID COTTA, Administrative Patent Judges.
`
`COTTA, Administrative Patent Judge.
`
`
`
`ORDER
`Granting Joint Motion to Terminate the Proceeding After Institution and
`Request to Treat Settlement Agreement as Business Confidential
`Information
`37 C.F.R. §§ 42.71; 42.74
`
`
`
`
`
`
`IPR2017-01621
`Patent 9,358,240 B2
`
`
`On August 21, 2018, the parties filed a joint motion to terminate this
`
`proceeding under 35 U.S.C § 317. Paper 61. In addition, citing to 35 U.S.C
`
`§ 317(b) and 37 C.F.R. § 42.74, the parties filed a copy of their written
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`settlement agreement, Ex. 2212, and a joint request that the settlement
`
`agreement be treated as business confidential information and kept separate
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`from the files of IPR2017-01621 and the patent involved therein. Paper 62.
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`In the joint motion, the parties explain that termination of the
`
`proceeding is appropriate because they have reached an agreement settling
`
`their dispute with respect to U.S. Patent No. 9,358,240 B2. Paper 61, 2. The
`
`parties also explain that they have agreed to dismiss all other proceedings
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`related to the challenged patent, including the related district court litigation,
`
`United Therapeutics Corp. v. Watson Laboratories, Inc., Civil Action No.
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`3:15-05723-PGS-LHG (D.N.J.). Id.
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`Under these circumstances, we determine that it is appropriate to enter
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`judgment terminating this proceeding. Additionally, we grant the parties’
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`request for the settlement agreement to be treated as business confidential
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`information and kept separate from the file of U.S. Patent No. 9,358,240 B2.
`
`
`
`Accordingly, it is
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`ORDERED that the joint motion to terminate the proceeding is
`
`granted; and
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`FURTHER ORDERED that the joint request that the settlement
`
`agreement, Ex. 2212, be treated as business confidential information and
`
`kept separate from the file of the involved patent under the provisions of
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`35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c) is granted; and
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`FURTHER ORDERED that the proceeding is terminated.
`
`2
`
`
`
`IPR2017-01621
`Patent 9,358,240 B2
`
`
`
`PETITIONER:
`
`Michael K. Nutter
`Andrew R. Sommer
`Kurt A. Mathas
`WINSTON & STRAWN LLP
`mnutter@winston.com
`asommer@winston.com
`kmathas@winston.com
`
`PATENT OWNER:
`
`Stephen B. Maebius
`George Quillin
`FOLEY & LARDNER LLP
`smaebius@foley.com
`gquillin@foley.com
`
`Shaun R. Snader
`UNITED THERAPEUTICS CORP.
`ssnader@unither.com
`
`Douglas Carsten
`Richard Torczon
`Robert Delafield
`Veronica Ascarrunz
`WILSON, SONSINI, GOODRICH & ROSATI
`dcarsten@wsgr.com
`rtorczon@wsgr.com
`bdelafield@wsgr.com
`vascarrunz@wsgr.com
`
`
`3
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`