`571-272-7822
`
`
`
` Paper 20
` Entered: April 23, 2018
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ARGENTUM PHARMACEUTICALS LLC,
`Petitioner,
`
`v.
`
`COSMO TECHNOLOGIES LTD.,
`Patent Owner.
`____________
`
`Case IPR2018-00080
`Patent 9,320,716 B2
`____________
`
`
`
`Before SUSAN L. C. MITCHELL, ZHENYU YANG, and KRISTI L. R.
`SAWERT, Administrative Patent Judges.
`
`SAWERT, Administrative Patent Judge.
`
`
`
`
`
`DECISION
`Granting Joint Motion to Terminate
`Due to Settlement Prior to Institution
`37 C.F.R. §§ 42.72, 42.74
`
`
`
`
`
`
`
`
`
`
`IPR2018-00080
`Patent 9,320,716 B2
`
`
`
`
`
`On April 20, 2018, Argentum Pharmaceuticals LLC (“Petitioner”) and
`Cosmo Technologies Ltd. (“Patent Owner”) filed a joint motion to terminate
`this proceeding pursuant to 35 U.S.C. § 317(a) and 37 C.F.R. § 42.72. Paper
`18 (“Motion” or “Mot.”). The motion was accompanied by a true,
`unredacted copy of a settlement agreement (Ex. 2043), and a joint request to
`treat the settlement 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 19).
`Petitioner represents in the parties’ joint motion that “it will no longer
`participate in this inter partes review and will file no further papers.”
`Mot. 2. Additionally, the parties state that all related inter partes review
`proceedings (IPR2017-01034 and IPR2017-01035) have been terminated,
`and that the related district court case between the parties, Cosmo
`Technologies Limited, Valeant Pharmaceuticals International, and Valeant
`Pharmaceuticals Luxembourg S.A. R.L. v. Mylan Pharmaceuticals, Inc., 16-
`cv-00152 (D. Del.), has been settled out of court. Id. at 2–3.
`The Board generally expects that a case “will terminate after the filing
`of a settlement agreement, unless the Board has already decided the merits.”
`Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,768 (Aug. 14,
`2012); see also 37 C.F.R. § 42.72. This proceeding is in a preliminary stage.
`No decision on whether to institute trial has been issued. 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.
`
`
`
`2
`
`
`
`
`
`IPR2018-00080
`Patent 9,320,716 B2
`
`
`
`
`We also determine that the parties have complied with the
`requirements of 37 C.F.R. § 42.74(c) to have the settlement agreement
`treated as business confidential information and kept separate from the files
`of the patent at issue in this proceeding. Thus, we grant the Joint Request to
`treat the settlement agreement as business confidential.
`Accordingly, it is
`ORDERED that the joint motion to terminate the proceedings is
`GRANTED;
`FURTHER ORDERED that the joint request to treat the parties’
`settlement agreement as business confidential information, to be kept
`separate from the patent file, is GRANTED; and
`
`FURTHER ORDERED that the instant proceeding is TERMINATED.
`
`
`
`
`
`
`
`3
`
`
`
`
`
`
`
`
`
`
`
`IPR2018-00080
`Patent 9,320,716 B2
`
`
`FOR PETITIONER:
`Kevin Laurence
`Matthew Phillips
`Rachel Slade
`LAURENCE & PHILLIPS IP LAW LLP
`klaurence@lpiplaw.com
`mphillips@lpiplaw.com
`rslade@lpiplaw.com
`
`Tyler C. Liu
`ARGENTUM PHASRMACEUTICALS LLC
`tliu@agpharm.com
`
`
`FOR PATENT OWNER:
`
`Gary N. Frischling
`Yite John Lu
`IRELL &MANDELLA LLP
`gfrischling@irell.com
`yjlu@irell.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`4
`
`
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