`Tel: 571-272-7822
`
`
`
`
`Paper 30
`Entered: August 5, 2014
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`HEARTLAND TANNING, INC.
`Petitioner
`
`v.
`
`SUNLESS, INC.
`Patent Owner
`_______________
`
`Case IPR2014-00018
`Patent 8,201,288 B2
`_______________
`
`
`Before FRANCISCO C. PRATS, RAMA G. ELLURU, and JAMES A. TARTAL,
`Administrative Patent Judges.
`
`ELLURU, Administrative Patent Judge.
`
`
`
`
`JUDGMENT
`Termination of the Proceeding
`37 C.F.R. § 42.73
`
`
`
`
`
`
`
`Case IPR2014-00018
`Patent 8,201,288 B2
`
`
`
`
`The parties have requested that this trial proceeding be terminated pursuant
`
`to a settlement. On July 28, 2014, we authorized the parties to file a joint request
`
`to terminate and to file the settlement agreement as business confidential
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`information under 37 C.F.R. § 42.74(c). Paper 26. On August 4, 2014, the parties
`
`filed a joint motion to terminate, as well as a joint motion requesting that the joint
`
`settlement agreement be treated as business confidential information and sealed.
`
`Papers 27 and 28; see also 35 U.S.C. § 317; 37 C.F.R. § 42.72. With their motion
`
`to terminate and seal, the parties also filed a copy of a written settlement
`
`agreement. Ex. 1025.
`
`A decision by the Board to institute a trial was entered on March 13, 2014.
`
`Paper 15. The briefing and discovery processes have not been completed in this
`
`proceeding, and the panel has not yet decided the merits of the proceeding. The
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`parties indicate that their settlement agreement includes their agreement to dismiss
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`their corresponding district court litigation, Sunless, Inc. v. Heartland Tanning,
`
`Inc., Civil Action No. 4:13-cv-01066-JTM (W.D. Mo.), and that the district court
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`has entered an order of dismissal with prejudice. Paper 27 at 3. The parties state
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`that there are currently no other proceedings before the Office concerning the
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`’288 patent, nor are there any other proceedings before the Office involving both
`
`Heartland and Sunless. Id. The parties further state that Sunless and Heartland are
`
`the only parties to the district court action referenced above, and that there are no
`
`other pending cases between Sunless and Heartland. Id. Under these
`
`circumstances, we determine that it is appropriate to enter judgment and terminate
`
`the trial without rendering a final written decision. 37 C.F.R. § 42.72.
`
` 2
`
`
`
`
`
`
`
`
`
`Case IPR2014-00018
`Patent 8,201,288 B2
`
`
`
`
`It is, therefore,
`
`ORDERED that the joint motion to terminate the proceeding is GRANTED
`
`and the proceeding is hereby terminated; and
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`FURTHER ORDERED that the parties’ joint request that the settlement
`
`agreement be treated as business confidential information and be 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.
`
`
`FOR PETITIONER:
`
`Rudolph A. Telscher, Jr.
`Douglas A. Robinson
`Greg W. Meyer
`HARNESS, DICKEY & PIERCE, PLC
`rtelscher@hdp.com
`drobinson@hdp.com
`gmeyer@hdp.com
`
`FOR PATENT OWNER:
`
`Frank M. Gasparo
`Adam R. Hess
`VENABLE LLP
`FMGasparo@Venable.com
`ARHess@Venable.com
`
`
` 3
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