`571-272-7822
`
`
`
`
` Paper No. 12
`
`
`
` Entered: October 27, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`DR. REDDY’S LABORATORIES, INC.,
`Petitioner,
`
`v.
`
`ICOS CORPORATION,
`Patent Owner.
`____________
`
`Case IPR2017-01757
`Patent 6,943,166 B1
`____________
`
`
`Before SHERIDAN K. SNEDDEN, SUSAN L. C. MITCHELL, and
`ZHENYU YANG, Administrative Patent Judges.
`
`YANG, Administrative Patent Judge.
`
`
`
`
`DECISION
`Dismissing Petition’s Motion for Joinder
`Termination of the Proceeding Due to Settlement before Institution
`37 C.F.R. §§ 42.72, 42.74
`
`
`
`
`
`
`
`
`
`
`IPR2017-01757
`Patent 6,943,166 B1
`
`
`On July 10, 2017, Dr. Reddy’s Laboratories, Inc. (“Petitioner”) filed a
`Petition for an inter partes review of claims 1–12 of U.S. Patent
`No. 6,943,166 B1. Paper 2. Petitioner concurrently filed a Motion for
`Joinder (Paper 3), seeking to be joined to Mylan Pharmaceuticals Inc. v.
`ICOS Corporation, Case No. IPR2017-00323. Patent Owner filed an
`Opposition to Petitioner’s Motion for Joinder. Paper 7.
`On September 13, 2017, pursuant to 35 U.S.C. § 317(a), and with the
`Board’s authorization, the parties filed a Joint Motion to Terminate.
`Paper 9. In addition, pursuant to 35 U.S.C. § 317(b) and 37 C.F.R.
`§ 42.74(c), the parties filed a true and correct copy of a Settlement
`Agreement (Ex. 1037), along with a Joint Motion to Keep Settlement
`Agreement as Business Confidential Information (Paper 10).
`Under 35 U.S.C. § 317(a), “[a]n inter partes review instituted under
`this chapter shall be terminated with respect to any petitioner upon the joint
`request of the petitioner and patent owner, unless the Office has decided the
`merits of the proceeding before the request for termination is filed.” And
`under 37 C.F.R. § 42.72, “[t]he Board may terminate a trial without
`rendering a final written decision, where appropriate, including . . . pursuant
`to a joint request under 35 U.S.C. 317(a).”
`This case is in its preliminary stage. No decision on whether to
`institute a trial has been made. After reviewing the Joint Motion to
`Terminate and the Settlement Agreement, we determine that it is appropriate
`to terminate the proceeding without rendering a final written decision.
`Therefore, the Joint Motion to Terminate is GRANTED, and the Motion for
`Joinder is DISMISSED as moot.
`
`2
`
`
`
`
`
`
`IPR2017-01757
`Patent 6,943,166 B1
`
`
`Accordingly, it is
`ORDERED that Petitioner’s Motion for Joinder is dismissed as moot;
`FURTHER ORDERED that the Joint Motion to Terminate Proceeding
`is GRANTED and the proceeding is hereby TERMINATED; and
`FURTHER ORDERED that the Joint Motion to Keep Settlement
`Agreement as Business Confidential Information is GRANTED, and the
`Settlement Agreement will be kept separate from the patent files.
`
`
`
`
`
`
`
`
`3
`
`
`
`
`
`
`IPR2017-01757
`Patent 6,943,166 B1
`
`PETITIONER:
`
`Louis Weinstein
`Alan Pollack
`BUDD LARNER, P.C.
`lweinstein@buddlarner.com
`apollack@buddlarner.com
`
`PATENT OWNER:
`
`Mark Feldstein
`Maureen Queler
`Yieyie Yang
`Joshua Goldberg
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP
`mark.feldstein@finnegan.com
`maureen.queler@finnegan.com
`yieyie.yang@finnegan.com
`joshua.goldberg@finnegan.com
`
`Mark Stewart
`Dan Wood
`Gerald Keleher
`ELI LILLY AND COMPANY
`stewart_mark@lilly.com
`wood_dan_l@lilly.com
`gpk1@lilly.com
`
`4
`
`
`
`
`
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