Apotex Corp.v.Allergan, Inc.

Patent Trial and Appeal Board

Dec 16, 2015

13967163 (P.T.A.B. Dec. 16, 2015)

Trials@uspto.gov Paper No. 13
571-272-7822 Entered: December 16, 2015

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

APOTEX CORP. and APOTEX, INC.,
Petitioner,

v.

ALLERGAN, INC.,
Patent Owner.
____________

Case IPR2015-01282
Patent 8,629,111 B2
____________

Before SHERIDAN K. SNEDDEN, TINA E. HULSE, and
CHRISTOPHER G. PAULRAJ, Administrative Patent Judges.

SNEDDEN, Administrative Patent Judge.

JUDGMENT
Termination of the Proceeding
37 C.F.R. § 42.73
IPR2015-01282
Patent 8,629,111 B2

2
The parties have requested that this proceeding be terminated pursuant
to settlement of the dispute regarding U.S. Patent No. 8,629,111 B2. Paper
10. With their motion to terminate, the parties also filed a copy of a written
settlement agreement (Paper 12) that they request be kept confidential and
separate from the patent file (Paper 11). 35 U.S.C. § 317(b).
This case is in the preliminary proceeding1 stage; no institution of a
trial has been made. Under these circumstances, we determine that it is
appropriate to enter judgment.2 37 C.F.R. § 42.72.
Accordingly, it is
ORDERED that the joint motion to terminate the proceeding is
granted; and
FURTHER ORDERED that the joint request that the settlement
agreement (Paper 12) be treated as business confidential information and
kept separate from the file of the involved patents under the provisions of 35
U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), is granted; and
FURTHER ORDERED that the proceeding is terminated.

1 A preliminary proceeding begins with the filing of a petition for instituting
a trial and ends with a written decision as to whether a trial will be instituted.
37 C.F.R. § 42.2.

2 A judgment means a final written decision by the Board, or a termination
of a proceeding. 37 C.F.R. § 42.2
IPR2015-01282
Patent 8,629,111 B2

3
PETITIONER:
Eldora Ellison
Ralph Powers III
STERNE KESSLER GOLDSTEIN & FOX P.L.L.C.
eellison-PTAB@skgf.com
tpowers-PTAB@skgf.com

PATENT OWNER:
Dorothy Whelan
Michael Kane
FISH & RICHARDSON P.C.
whelan@fr.com
IPR13351-0059IP1@fr.com