`571-272-7822
`
`
`
`
`
` Paper 11
`Entered: July 8, 2015
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ACE EVERT, INC.,
`Petitioner,
`
`v.
`
`LAKESOUTH HOLDINGS, LLC,
`Patent Owner.
`
`
`
`Case IPR2015-00987
`Patent 6,612,713 B1
`____________
`
`Before MICHAEL W. KIM, KRISTINA M. KALAN, and BETH Z. SHAW,
`Administrative Patent Judges.
`
`KALAN, Administrative Patent Judge.
`
`TERMINATION
`Dismissing the Proceeding
`37 C.F.R. § 42.5(a), 37 C.F.R. § 42.71(a)
`
`
`
`
`
`
`
`
`IPR2015-00987
`Patent 6,612,713 B1
`
`The parties have requested that the above-captioned proceeding be
`
`terminated pursuant to a settlement. The Board authorized the parties to file
`a joint motion to terminate the above-captioned proceeding on July 1, 2015.
`On July 6, 2015, and pursuant to 35 U.S.C. § 317, the parties filed a
`joint motion to terminate the above-captioned proceeding (Paper 9), along
`with a joint motion to file the settlement agreement as business confidential
`information, to be kept separate from the patent file pursuant to 35 U.S.C.
`§ 317(b) and 37 C.F.R. § 42.74(c) (Paper 10). The joint motion to file the
`settlement agreement as business confidential information included a copy
`of the settlement agreement. Paper 10, Exhibit 1.
`Generally, the Board expects that a proceeding will terminate after the
`filing of a settlement agreement. See, e.g., Office Patent Trial Practice
`Guide, 77 Fed. Reg. 48,756, 48,768 (Aug. 14, 2012). This case is in the
`preliminary proceeding stage. A preliminary proceeding begins with the
`filing of a petition for instituting a trial and ends with a written decision as to
`whether trial will be instituted. See 37 C.F.R. § 42.2. Petitioner filed a
`Petition on April 1, 2015. Patent Owner has not yet filed a Preliminary
`Response, which is due on or before July 10, 2015. No decision whether to
`institute a trial has been made.
`The joint motion to terminate indicates that the parties have settled
`their dispute involving U.S. Patent No. 6,612,713 B1 (“the ’713 patent”).
`Paper 9, 1. The joint motion to terminate further indicates that the ’713
`Patent “is not the subject of any other proceeding pending before the United
`States Patent & Trademark Office, and there are no current or contemplated
`pending litigation proceedings involving the ’713 Patent.” Id. at 2.
`
`
`
`2
`
`
`
`IPR2015-00987
`Patent 6,612,713 B1
`
`
`Based on the facts of the case, and in view of the parties’ joint request
`for termination of this proceeding, we determine that it is appropriate to
`dismiss the petition as to both Petitioner and Patent Owner without rendering
`either a decision to institute or a final written decision. See 37 C.F.R.
`§§ 42.5(a); 42.71(a). Therefore, the joint motion to terminate and the
`request to treat the settlement agreement as business confidential
`information are granted. This paper does not constitute a final written
`decision pursuant to 35 U.S.C. § 318(a).
`Accordingly, it is
`ORDERED that the joint motion to treat the settlement agreement as
`
`business confidential information, to be kept separate from the patent file, is
`granted;
`FURTHER ORDERED that the joint motion to terminate the
`proceeding is granted; and
`FURTHER ORDERED that the Petition for Inter Partes Review of
`the above-referenced patent is dismissed.
`
`
`
`
`
`3
`
`
`
`IPR2015-00987
`Patent 6,612,713 B1
`
`FOR PETITIONER:
`
`Jeffrey A. Pine
`Steven McMahon Zeller
`DYKEMA GOSSETT PLLC
`jpine@dykema.com
`szeller@dykema.com
`
`FOR PATENT OWNER:
`
`Michael A. Benefield
`ALBRITTON LAW FIRM
`ls@emafirm.com
`
`
`
`
`
`4
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