`571-272-7822
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` Paper No. 28
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` Entered: December 6, 2019
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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 Owner.
`
`
`
`
`
`
`
`Case PGR2019-00001
`Patent No. 9,856,287 B2
`____________
`
`
`Before ZHENYU YANG, CHRISTOPHER G. PAULRAJ, and
`J. JOHN LEE, Administrative Patent Judges.
`
`YANG, Administrative Patent Judge.
`
`
`
`TERMINATION
`Due to Settlement after Institution of Trial
`35 U.S.C. § 327; 37 C.F.R. §§ 42.72, 42.74
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`PGR2019-00001
`Patent No. 9,856,287 B2
`
`
`With our authorization, Petitioner Adello Biologics, LLC and Patent
`Owner filed a Joint Motion to Terminate this proceeding pursuant to 35
`U.S.C. § 327. Paper 25. Pursuant to 35 U.S.C. § 327(b), they filed a true and
`correct copy of a settlement agreement. Ex. 1052. In addition, they also
`jointly requested that the settlement agreement be filed as business
`confidential information, and be kept separate from the publicly available
`patent files. Paper 26.
`Under 35 U.S.C. § 327(a), “[a] post-grant review instituted under this
`chapter shall be terminated with respect to any petitioner upon the joint
`request of the petitioner and the patent owner, unless the Office has decided
`the merits of the proceeding before the request for termination is filed.” In
`this case, although Patent Owner has filed its Patent Owner Response, the
`Board has not decided the merits of the proceeding.
`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. . . . 327(a).” After reviewing the Joint
`Motion to Terminate and the settlement agreement, we determine that it is
`appropriate to terminate the proceeding with respect to Petitioner Adello.
`We previously granted the Motion Requesting Adverse Judgment
`against Apotex Inc. and Apotex Corp. Paper 23. Under Section 327(a), “[i]f
`no petitioner remains in the post-grant review, the Office may terminate the
`review.” We determine that it is appropriate to terminate the proceeding in
`its entirety without rendering a final written decision. Therefore, the Joint
`Motion to Terminate is GRANTED.
`
` 2
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`PGR2019-00001
`Patent No. 9,856,287 B2
`
`
`Accordingly, it is
`ORDERED that the Joint Motion to Terminate is GRANTED and this
`proceeding is hereby TERMINATED; and
`FURTHER ORDERED that the settlement agreement will be treated
`as business confidential information, and will be kept separate from the
`patent files.
`
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` 3
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`PGR2019-00001
`Patent No. 9,856,287 B2
`
`For PETITIONER:
`
`Teresa Rea
`Deborah Yellin
`Shannon Lentz
`CROWELL & MORING LLP
`trea@crowell.com
`dyellin@crowell.com
`slentz@crowell.com
`
`
`For PATENT OWNER:
`
`J. Steven Baughman
`Megan Raymond
`PAUL WEISS RIFKIND WHARTON & GARRISON LLP
`sbaughman@paulweiss.com
`mraymond@paulweiss.com
`
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` 4
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