`571-272-7822
`
`
`
`
`
`
`
` Paper No. 17
`
` Entered: June 13, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`EDWARDS LIFESCIENCES CORPORATION,
`Petitioner,
`
`v.
`
`
`
`ENDOHEART AG,
`Patent Owner.
`_______________
`
`Case IPR2016-00299 (US 8,182,530 B2)
`Case IPR2016-00300 (US 8,182,530 B2)
`
`_______________
`
`
`Before LORA M. GREEN, RAMA G. ELLURU, and
`ROBERT A. POLLOCK, Administrative Patent Judges.
`
`POLLOCK, Administrative Patent Judge.
`
`
`TERMINATION OF PROCEEDINGS
`37 C.F.R. § 42.72
`
`
`
`On June 10, 2016, the parties filed joint motions to terminate the
`
`instant proceedings accompanied by true copies of a settlement agreement
`
`and joint requests to treat the settlement agreement as business confidential,
`
`to be kept separate from the patent file, pursuant to 35 U.S.C. § 317(b) and
`
`37 C.F.R. § 42.74(c). (Papers 14, 15, and Exhibit 1046 in IPR2016-00299;
`
`Papers 13, 14, and Exhibit 1048 in IPR2016-00300).
`
`
`
`
`
`
`
`IPR2016-00299 (US 8,182,530 B2)
`IPR2016-00300 (US 8,182,530 B2)
`
`
`
`Petitioner filed two petitions for inter partes review of U.S. Patent
`
`No. 8,182,530 B2, both of which were accorded a filing date of
`
`December 9, 2015. (See Paper 3 in each of IPR2016-00299 and IPR2016-
`
`00300). As no trial has been instituted based on any of these petitions, all
`
`proceedings are in the preliminary proceeding1 stage. Based on the facts of
`
`these cases, it is appropriate to enter judgment.2 Therefore, the joint motions
`
`to terminate the proceedings are GRANTED.
`
`Accordingly, it is
`
`ORDERED that the joint requests that the settlement agreement
`
`(Exhibit 1046 in IPR2016-00299 and Exhibit 1048 in IPR2016-00300)
`
`treated as business confidential information, to be kept separate from the
`
`patent file are GRANTED;
`
`FURTHER ORDERED that the joint motions to terminate the
`
`proceedings are GRANTED; and
`
`FURTHER ORDERED that the instant proceedings are
`
`TERMINATED.
`
`
`
`
`
`1 A preliminary proceeding begins with the filing of a petition for instituting
`a trial and ends with a written decision as to whether a trial will be instituted.
`37 C.F.R. § 42.2.
`2 A judgment means a final written decision by the Board, or a termination
`of a proceeding. 37 C.F.R. § 42.2.
`
`2
`
`
`
`
`
`IPR2016-00299 (US 8,182,530 B2)
`IPR2016-00300 (US 8,182,530 B2)
`
`
`
`PETITIONER:
`
`W. Todd Baker
`Ruby J. Natnithithadha
`Jeremy B. Barton
`OBLON, MCCLELLAND, MAIER & NEUSTADT, LLP
`CPDocketBaker@oblon.com
`CPDocketRJN@oblon.com
`CPDocketBarton@oblon.com
`
`Brian P. Egan
`MORRIS, NICHOLS, ARSHT & TUNNELL LLP
`began@MNAT.com
`
`Catherine Nyarady
`PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP
`cnyarady@paulweiss.com
`
`
`
`PATENT OWNER:
`
`Edward M. Arons
`Joel Weiss
`WEISS & ARONS LLP
`earons@weissarons.com
`jweiss@weissarons.com
`Endo heart-IPR@weissarons.com
`
`
`3
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