Apotex Inc.v.Alcon

Patent Trial and Appeal Board

Nov 15, 2013

10715055 (P.T.A.B. Nov. 15, 2013)

Trials@uspto.gov Paper 61
572-272-7822 Mailed: November 15 2013

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

APOTEX INC.
Petitioner

v.

ALCON PHARMACEUTICALS, LTD.
Patent Owner
____________
Case IPR2013-00015
Patent 7,671,070
_______

Before SALLY GARDNER LANE, LORA M. GREEN, and RAMA G. ELLURU,
Administrative Patent Judges.

LANE, Administrative Patent Judge.

JUDGMENT
TERMINATION OF THE PROCEEDING
37 C.F.R. § 42.73

The parties indicate that they have reached settlement and jointly move to
terminate this trial proceeding. (Joint Motion (Paper 58) filed 7 November 2013).
Case IPR2013-00012
U.S. Patent 6,716,830

2

See 35 U.S.C. § 317(a); 37 C.F.R. § 42.72. The parties have filed a copy of the
written Settlement Agreement (Exhibit 1047) and a Stipulation of Dismissal said to
have been filed in the copending District Court action
1
on 20 September 2013.
(Exhibit 1046).
The Board instituted trial on 19 March 2013 (Decision (Paper 35)). The
Patent Owner filed a Patent Owner Response (Paper 45), but did not file a Motion
to Amend. Under these circumstances the Board determines that it is appropriate
to terminate the trial without rendering a final written decision. 37 C.F.R. § 42.72.

Order
It is
ORDERED that the joint motion to terminate the proceeding is GRANTED
and the proceeding is hereby terminated;
FURTHER ORDERED that the parties’ joint request that the settlement
agreement be treated as business confidential information kept separate from the
file of the involved patents, and made available only to Federal Government
agencies on written request, or to any person on a showing of good cause, under
the provisions of 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c) (Request, Paper 59),
is GRANTED.

1 Alcon Pharms. Ltd. Et al. v. Lupin Ltd. et al., Case No. 11-587-SLR (D.
Del).
Case IPR2013-00012
U.S. Patent 6,716,830

3

cc:

Petitioner:

Eldora Ellison
H. Keeto Sabharwal
Sterne Kessler Goldstein & Fox, PLLC
eellision@skgf.com
keetos@skgf.com

Patent Owner:

Barry Copeland
Alcon Research, Ltd.
Barry.copeland@alconlabs.com