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`UNITED STATES PATENT AND TRADEMARK OFFICE
`______________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________________
`
`ADELLO BIOLOGICS, LLC,
`Petitioner,
`
`v.
`AMGEN INC. and AMGEN MANUFACTURING, LIMITED,
`Patent Owners.
`______________________
`
`Case PGR2019-00001
`Patent 9,856,287
`______________________
`
`
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`PETITIONER ADELLO BIOLOGICS, LLC AND PATENT OWNERS’
`JOINT REQUEST TO TREAT SETTLEMENT AGREEMENT AS
`BUSINESS CONFIDENTIAL INFORMATION PURSUANT TO
`35 U.S.C. § 327 AND TO KEEP SEPARATE
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`Pursuant to 35 U.S.C. §327(b) and 37 C.F.R. §42.74(c), Petitioner Adello
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`Biologics, LLC (“Petitioner Adello”) and Patent Owners Amgen Inc. and Amgen
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`Manufacturing, Limited (together, “Patent Owners”) jointly request that a true
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`copy of their settlement agreement, filed concurrently as Exhibit 1052, be treated
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`as business confidential information, and be kept separate from the file of
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`PGR2019-00001 involving U.S. Patent No. 9,856,287. Concurrently with this
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`request, Petitioner Adello and Patent Owners are filing a joint motion to terminate
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`this post-grant review.
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`Specifically, as Petitioner Adello and Patent Owners consider the settlement
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`agreement to contain highly sensitive business confidential information that would
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`substantially harm their business interests if publicly disclosed, they hereby jointly
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`request that the settlement agreement be kept as a separate paper to be made
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`available only as provided in 35 U.S.C. §327(b) and 37 C.F.R. §42.74(c). The
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`settlement agreement has been filed for access by the “Board Only” and should not
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`be made accessible to others.
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`Petitioner Adello and Patent Owners further jointly request that the Board
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`order that any written request by a person or entity, as stated in 37 C.F.R.
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`§42.74(c)(1)-(2), for access to the settlement agreement, must simultaneously be
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`served upon Petitioner Adello and Patent Owners on the day the written request is
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`provided to the Board.
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`2
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`Dated: December 3, 2019
`
`/Teresa Stanek Rea/
`
`Teresa Stanek Rea (Reg. No. 30,427)
`Deborah H. Yellin (Reg. No. 45,904)
`Shannon Lentz (Reg. No. 65,382)
`CROWELL & MORING LLP
`Intellectual Property Group
`1001 Pennsylvania Avenue, N.W.
`Washington, DC 20004-2595
`TRea@Crowell.com
`DYellin@Crowell.com
`SLentz@Crowell.com
`
`Attorneys For Petitioner
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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
`P: 202-223-7340/F: 202-403-3740
`mraymond@paulweiss.com
`sbaughman@paulweiss.com
`
`Attorneys For Patent Owner
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`3
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`
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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. § 327 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:
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`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
`GRP-AmgenPGR@paulweiss.com
`
`Catherine Nyarady
`cnyarady@paulweiss.com
`
`Jennifer Wu
`jwu@paulweiss.com
`Respectfully Submitted,
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`Dated: December 3, 2019
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`By:
`
`/Shannon Lentz/
`
`Shannon Lentz
`Reg. No. 65,382
`CROWELL & MORING LLP
`Intellectual Property Group
`1001 Pennsylvania Ave, NW
`Washington, DC 20004-2595
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`4
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