Accord Healthcare, Inc.v.Helsinn Healthcare S.A.Download PDFPatent Trial and Appeal BoardNov 24, 201413901437 (P.T.A.B. Nov. 24, 2014) Copy Citation Trials@uspto.gov Paper 10 571-272-7822 Entered: November 24, 2014 UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ ACCORD HEALTHCARE, INC., Petitioner, v. HELSINN HEALTHCARE S.A. and ROCHE PALO ALTO LLC, Patent Owner. ____________ Case PGR2014-00010 Patent No. 8,598,219 B2 ____________ Before LORA M. GREEN, SHERIDAN K. SNEDDEN, and JON B. TORNQUIST, Administrative Patent Judges. TORNQUIST, Administrative Patent Judge. JUDGMENT Termination of the Proceeding 37 C.F.R. §§ 42.72-42.73 PGR2014-00010 Patent 8,598,219 B2 2 The petition in this proceeding was filed September 2, 2014, and the Patent Owner’s preliminary response is not yet due. On November 20, 2014, the parties filed a joint motion to terminate the proceeding (Paper 7) and a copy of their written settlement agreement (Ex. 2001). Along with the motion to terminate, the parties also filed a joint motion to treat the settlement agreement as business confidential information and keep it separate from the file of U.S. Patent No. 8,598,219 (“the ’219 patent”) pursuant to 35 U.S.C. § 327(b) and 37 C.F.R § 42.74(c). Paper 8, 1. In their motion, the parties identify several ongoing litigations involving the ’219 patent, but represent that Petitioner and Patent Owner have settled their dispute with respect to the ’219 patent. Paper 7, 2–3. The parties further represent that, “[a]side from this post-grant review proceeding, the ’219 patent is not the subject of any other proceedings currently before the Office.” Id. at 3. Under these circumstances, and in view of the preliminary stage of the current proceeding, we determine that it is appropriate to enter judgment and terminate the proceeding without rendering a final decision. See 37 C.F.R. § 42.72. It is, therefore, ORDERED that the joint motion to terminate PGR2014-00010 pursuant to 35 U.S.C. § 327 is granted and the proceeding is hereby terminated; and FURTHER ORDERED that the parties’ joint request pursuant to 35 U.S.C. § 327(b) that the settlement agreement be treated as business confidential information and kept separate from the file of U.S. Patent No. 8,598,219 is granted. PGR2014-00010 Patent 8,598,219 B2 3 For Petitioner: Michael J. Fink MFink@gbpatent.com Paul A. Braier PBraier@gbpatent.com For Patent Owner: Eric W. Dittmann ericdittmann@paulhastings.com Naveen Modi naveenmodi@paulhastings.com Mark E. Waddell mwaddell@loeb.com Thomas L. Irving tom.irving@finnegan.com Copy with citationCopy as parenthetical citation
