`Tel: 571-272-7822
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`Paper No. 21
`Entered: August 7, 2018
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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`BASF SE,
`Petitioner,
`
`v.
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`FRESENIUS MEDICAL CARE HOLDINGS, INC.,
`Patent Owner.
`____________
`
`Case IPR2017-01948
`Patent 9,353,220 B2
`____________
`
`
`
`
`Before JO-ANNE M. KOKOSKI, CHRISTOPHER M. KAISER, and
`JEFFREY W. ABRAHAM, Administrative Patent Judges.
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`ABRAHAM, Administrative Patent Judge.
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`ORDER
`Termination of the Proceedings
`35 U.S.C. § 317(a) and 37 C.F.R. § 42.72
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`
`
`Case IPR2017-01948
`Patent 9,353,220 B2
`
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`On July 26, 2018, pursuant to 35 U.S.C. § 317(a), the parties filed a
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`Joint Motion to Terminate this proceeding. Paper 19. Accompanying the
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`Motion, the parties filed what they indicate is a true copy of a settlement
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`agreement along with a Joint Request to treat the settlement agreement as
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`confidential, to be kept separate from the patent file under 35 U.S.C.
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`§ 317(b) and 37 C.F.R. § 42.74. Paper 20; Ex. 2003. We authorized the
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`filing of these papers in an email sent on July 24, 2018.
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`
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`We entered a Decision to Institute an inter partes review in this case
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`on March 12, 2018. Paper 13. Patent Owner has not yet filed its Patent
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`Owner Response. Based on these facts, it is appropriate to terminate the
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`proceedings. Thus, the Joint Motion to Terminate the proceeding is granted.
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`Accordingly, it is
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`ORDERED that the parties’ Joint Motion to Terminate the proceeding
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`is granted;
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`FURTHER ORDERED that the parties’ Joint Request that the
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`settlement agreement be treated as business confidential information, to be
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`kept separate from the patent file, is granted; and
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`FURTHER ORDERED that the proceeding is terminated.
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`2
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`
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`Case IPR2017-01948
`Patent 9,353,220 B2
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`PETITIONER:
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`Greg Gardella
`ggardella@gardellagrace.com
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`Eric Myers
`em@gandmpatent.com
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`Kirsten Gruneberg
`kg@gandmpatent.com
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`PATENT OWNER:
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`Thomas Engellenner
`engellenner@pepperlaw.com
`
`Reza Mollaaghababa
`mollaaghababa@pepperlaw.com
`
`Andrew Schultz
`schultza@pepperlaw.com
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`
`
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`3
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