Apotex Corp.v.Allergan, Inc.Download PDFPatent Trial and Appeal BoardDec 16, 201513967163 (P.T.A.B. Dec. 16, 2015) Copy Citation 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 Copy with citationCopy as parenthetical citation