Ranbaxy Laboratories Ltd.v.Vertex Pharmaceuticals Incorporated

Patent Trial and Appeal BoardNov 15, 2013

08998050 (P.T.A.B. Nov. 15, 2013)

Trials@uspto.gov Paper 71 572-272-7822 Entered: November 15, 2013 UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ RANBAXY LABORATORIES, LTD. AND RANBAXY, INC. Petitioner v. VERTEX PHARMACEUTICALS, INC. Patent Owner ____________ Case IPR2013-00024 Patent 6,436,989 _________ Before SALLY GARDNER LANE, RAE LYNN P. GUEST, and DEBORAH KATZ, Administrative Patent Judges. LANE, Administrative Patent Judge. JUDGMENT TERMINATION OF THE PROCEEDING 37 C.F.R. § 42.73 Case IPR2013-00024 Patent 6,436,989 2 The parties indicate that they have reached settlement and jointly move to terminate this trial proceeding. (Joint Motion (Paper 69) filed 31 October 2013). See 35 U.S.C. § 317(a); 37 C.F.R. § 42.72. The parties have filed under seal a copy of the written Settlement Agreement. (Exhibit 3001 (attached to the Joint Motion as Exhibit A)). The parties represent that “[t]here is no related litigation between the parties” (Joint Motion at 3).1 This trial was instituted on March 5, 2013 (Decision, Paper 16). The Patent Owner filed a Response (Response, Paper 47) but did not file a Motion to Amend. Under these particular circumstances the Board determines that it is appropriate to terminate the trial without rendering a final written decision. See 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; and 1 The parties direct the Board to pending litigation, ViiV Healthcare Co. et al. v. Mylan Inc. et al., No. 12-1065-RGA (D.Del)(filed Aug. 22, 2012), to which Patent Owner is a party. However, Petitioner is not a party to the litigation. (Joint Motion at fn.1). Case IPR2013-00024 Patent 6,436,989 3 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), is GRANTED. Case IPR2013-00024 Patent 6,436,989 4 Petitioner: Brenton Babcock 2BRB@knobbe.com William Zimmerman 2WRZ@knobbe.com Jonathan Bachand 2JEB@knobbe.com Patent Owner: Brian Nolan bnolan@mayerbrown.com Lisa Ferri lferri@mayerbrown.com

Ranbaxy Laboratories Ltd. v. Vertex Pharmaceuticals Incorporated