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`UNITED STATES PATENT AND TRADEMARK OFFICE
`______________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________________
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`FRESENIUS KABI USA, LLC AND FRESENIUS KABI SWISSSBIOSIM
`GmbH.,
`Petitioners
`
`v.
`AMGEN INC. and AMGEN MANUFACTURING, LIMITED,
`Patent Owners
`______________________
`
`Case IPR2020-00314
`Patent 9,856,287
`
`______________________
`
`JOINT REQUEST TO TREAT SETTLEMENT AGREEMENT AS
`BUSINESS CONFIDENTIAL INFORMATION PURSUANT TO
`35 U.S.C. § 317 AND TO KEEP SEPARATE
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`Pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), the parties jointly
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`request that a true copy of their settlement agreement, filed concurrently as Exhibit
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`1048, be treated as business confidential information, and be kept separate from
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`the file of IPR2020-00314 involving U.S. Patent No. 9,856,287. Concurrently with
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`this Request, the parties are filing a joint motion to terminate this inter partes
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`review.
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`Specifically, as the parties consider the settlement agreement to contain
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`highly sensitive business confidential information that would substantially harm
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`their business interests if publicly disclosed, the parties hereby jointly request that
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`the settlement agreement be kept as a separate paper to be made available only as
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`provided in 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c). The settlement
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`agreement has been filed for access by the "Board and Parties Only" and should
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`not be made accessible to others.
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`The parties further jointly request that the Board order that any written
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`request by a person or entity, as stated in 37 C.F.R. § 42.74(c)(1)-(2), for access to
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`the settlement agreement, must simultaneously be served upon Petitioners and
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`Patent Owner on the day the written request is provided to the Board. To the
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`extent this request is not granted, the parties respectfully request, in the alternative,
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`that they be provided timely notice that the Board has received a request for access
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`to the settlement agreement and, if requested pursuant to 37 C.F.R. § 42.74(c)(2),
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`of the nature of the requester's attempt to demonstrate "good cause," so that they
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`may, as appropriate, seek to take further steps for continued confidentiality.
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`Respectfully submitted by:
`
` /Megan Raymond/
`
`Megan Raymond (Reg. No. 72,997)
`J. Steven Baughman (Reg. No. 47,414)
`PAUL, WEISS, RIFKIND, WHARTON
`& GARRISON LLP
`2001 K Street, NW
`Washington, DC 20006-1047
`mraymond@paulweiss.com
`sbaughman@paulweiss.com
`
`Attorneys For Patent Owner
`
`
`
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`
`
`Dated: June 18, 2020
`
`/Huiya Wu/
`
`Huiya Wu (Reg. No. 44,411)
`Robert V. Cerwinski
`Linnea Cipriano
`James Breen
`GOODWIN PROCTER LLP
`620 Eighth Avenue
`New York, NY 10018
`hwu@goodwinlaw.com
`DG-FK287@goodwinlaw.com
`rcerwinski@goodwinlaw.com
`lcipriano@goodwinlaw.com
`jamesbreen@goodwinlaw.com
`
`Joshua Weinger
`Daryl L. Wiesen
`Goodwin Procter LLP
`100 Northern Avenue
`Boston, MA 02210
`jweinger@goodwinlaw.com
`dwiesen@goodwinlaw.com
`
`Hanna H. Yoon
`Fresenius Kabi USA
`Three Corporate Drive
`Lake Zurich, Illinois 60047
`hanna.yoon@fresenius-kabi.com
`
`Attorneys For Petitioner
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of JOINT REQUEST TO
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`TREAT SETTLEMENT AGREEMENT AS BUSINESS CONFIDENTIAL
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`INFORMATION PURSUANT TO 35 U.S.C. § 317 AND TO KEEP SEPARATE
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`has been served in its entirety by causing the aforementioned document to be
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`electronically mailed to the following attorneys of record for the Patent Owner
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`listed below:
`
`Patent Owner's Counsel of Record:
`
`Megan Raymond (Reg. No. 72,997)
`mraymond@paulweiss.com
`
`J. Steven Baughman (Reg. No. 47,414)
`sbaughman@paulweiss.com
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`Dated: June 18, 2020
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`By:
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`/Huiya Wu/
`Huiya Wu (Reg. No. 44,411)
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