`Trials@uspto.gov
`571-272-7822 Date: January 20, 2016
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`REFLECTIX, INC.,
`Petitioner,
`
`v.
`
`PROMETHEAN INSULATION TECHNOLOGY LLC,
`Patent Owner.
`
`
`
`Case IPR2015-01982
`Patent No. 8,936,847
`
`
`
`Before DONNA M. PRAISS, CHRISTOPHER L. CRUMBLEY, and
`KRISTINA M. KALAN, Administrative Patent Judges.
`
`CRUMBLEY, Administrative Patent Judge.
`
`
`
`ORDER
`Dismissing the Petition
`37 C.F.R. §§ 42.5(a), 42.71(a)
`
`On December 29, 2015, pursuant to Board authorization, Petitioner
`
`Reflectix, Inc. and Patent Owner Promethean Insulation Technology, LLC
`
`filed a Joint Motion to Terminate this proceeding. Paper 7, “Mot.” With the
`
`
`
`
`
`IPR2015-01985
`Patent No. 8,936,847
`
`
`Joint Motion, the parties filed a copy of a written settlement agreement
`
`
`
`between them, and a Joint Request to Keep Separate, seeking to have the
`
`settlement agreement treated as confidential business information under 35
`
`U.S.C. § 317(b) and 37 C.F.R. § 42.74(c). Ex. 2001; Paper 6.
`
`This proceeding is in its initial stages; the Board has not yet decided
`
`the merits of the Petition. The parties indicate that they have agreed to
`
`resolve their dispute related to the challenged patent, as well as other related
`
`patents that were the subject of prior petitions for inter partes review. Mot.
`
`1. Under these circumstances, we determine that it is appropriate to dismiss
`
`the petition and decline to institute trial. See 35 U.S.C. § 314; 37 C.F.R.
`
`§§ 42.5(a), 42.71(a). This paper does not constitute a final written decision
`
`pursuant to 35 U.S.C. § 318(a).
`
`
`
`In light of the foregoing, it is
`
`ORDERED that the Joint Motion to Terminate (Paper 7) is granted;
`
`FURTHER ORDERED that the Petition (Paper 1) is dismissed;
`
`FURTHER ORDERED that no trial is instituted; and
`
`FURTHER ORDERED that the parties’ Joint Request (Paper 6) to
`
`have their settlement agreement (Ex. 2001) treated as business confidential
`
`information, to be kept separate from the patent file, is granted.
`
`
`
`
`
`2
`
`
`
`
`
`
`
`
`IPR2015-01985
`Patent No. 8,936,847
`
`FOR PETITIONER:
`
`Nathan J. Rees
`Wayne Livingstone
`Fulbright & Jaworski LLP
`nate.rees@nortonrosefulbright.com
`wayne.livingstone@nortonrosefulbright.com
`
`FOR PATENT OWNER:
`
`Joshua Wyde
`The Law Office of Joshua S Wyde
`jwyde@wydelegal.com
`
`Shaukat Karjeker
`Carstens & Cahoon, LLP
`skarjeker@cclaw.com
`
`
`
`
`
`
`
`3
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