throbber
Trials@uspto.gov
`Tel: 571-272-7822
`
`Paper 33
`Entered: February 23, 2017
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`SMITH & NEPHEW, INC. and ARTHROCARE CORP.,
`Petitioner,
`
`v.
`
`ARTHREX, INC.,
`Patent Owner.
`____________
`
`IPR2016-00483 (Patent 6,511,499 B2)
`IPR2016-00485 (Patent 7,195,634 B2)
`IPR2016-00486 (Patent 6,511,499 B2)
`IPR2016-00487 (Patent 7,195,634 B2)
`IPR2016-00817 (Patent 6,875,216 B2)
`IPR2016-00818 (Patent 7,322,986 B2)
`IPR2016-00819 (Patent 6,629,977 B1) 1
`____________
`
`Before WILLIAM V. SAINDON, BARRY L. GROSSMAN, and
`TIMOTHY J. GOODSON, Administrative Patent Judges.
`
`GROSSMAN, Administrative Patent Judge.
`
`
`ORDER
`Termination of the Proceedings After Institution Due to Settlement
`35 U.S.C. § 317 and 37 C.F.R. § 42.72
`
`
`
`
`1 We use this caption to indicate that this Decision applies to, and is entered
`in, each of the seven listed cases. The parties are not authorized to use this
`caption.
`
`

`

`IPR2016-00483 (Patent 6,511,499 B2)
`IPR2016-00485 (Patent 7,195,634 B2)
`IPR2016-00486 (Patent 6,511,499 B2)
`IPR2016-00487 (Patent 7,195,634 B2)
`IPR2016-00817 (Patent 6,875,216 B2)
`IPR2016-00818 (Patent 7,322,986 B2)
`IPR2016-00819 (Patent 6,629,977 B1)
`
`
`Pursuant to authorization by the Board, Smith & Nephew, Inc. and
`ArthroCare Corp. (jointly “Petitioner”) and Arthrex, Inc. (“Patent Owner”)
`filed Joint Motions to Terminate, jointly requesting termination of inter
`partes review proceedings in each of IPR2016-00483, IPR2016-00485,
`IPR2016-00486, IPR2016-00487, IPR2016-00817, IPR2016-00818, and
`IPR2016-00819. Paper 29 (“Joint Motion”).2 The parties also filed a true
`copy of a written settlement agreement (Ex. 1090), along with a joint request
`to keep the agreement confidential. Paper 30.
`Under 35 U.S.C. § 317(a), an inter partes review proceeding shall be
`terminated with respect to any petitioner upon the joint request of the
`petitioner and the patent owner, unless the Patent and Trademark Office has
`decided the merits of the proceeding before the request for termination is
`filed. The Board has not decided the merits of these proceedings.
`Under 35 U.S.C. § 317(b), any agreement or understanding between
`the Patent Owner and a Petitioner, including any collateral agreements
`referred to in such agreement or understanding, made in connection with, or
`in contemplation of, the termination of the proceeding shall be in writing,
`and a true copy of such agreement or understanding shall be filed in the
`Office. Patent Owner and Petitioner state in the Joint Motion that the parties
`have agreed to settle their dispute and have reached a written agreement to
`
`
`2 We cite to the record in IPR2016-00485. Similar documents were filed in
`all seven cases.
`
` 2
`
`
`
`
`
`

`

`IPR2016-00483 (Patent 6,511,499 B2)
`IPR2016-00485 (Patent 7,195,634 B2)
`IPR2016-00486 (Patent 6,511,499 B2)
`IPR2016-00487 (Patent 7,195,634 B2)
`IPR2016-00817 (Patent 6,875,216 B2)
`IPR2016-00818 (Patent 7,322,986 B2)
`IPR2016-00819 (Patent 6,629,977 B1)
`
`terminate these proceedings. Joint Motion 1–2. In support of the Joint
`Motion, the parties submitted Exhibit 1090, which they represent is a true,
`complete, and correct copy of the agreement. Id. at 1.
`Upon consideration of the Joint Motions, we grant the Joint Motions
`and terminate each proceeding as to both Petitioner and Patent Owner
`without rendering a final written decision. 37 C.F.R. § 42.72. We also grant
`the Joint Requests to treat the settlement agreement as confidential business
`information and to maintain the agreement separate from the public file
`pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c).
`ORDER
`
`Accordingly, it is:
`ORDERED that the Joint Motion to Terminate the proceedings in
`each of IPR2016-00483, IPR2016-00485, IPR2016-00486, IPR2016-00487,
`IPR2016-00817, IPR2016-00818, and IPR2016-00819is granted and,
`accordingly, these proceedings are hereby terminated; and
`FURTHER ORDERED that the Joint Requests to treat the settlement
`agreement as confidential business information and to maintain the
`agreement separate from the public file pursuant to 35 U.S.C. § 317(b) and
`37 C.F.R. § 42.74(c) are hereby granted.
`
`
`
`
`
`
` 3
`
`
`
`
`
`

`

`IPR2016-00483 (Patent 6,511,499 B2)
`IPR2016-00485 (Patent 7,195,634 B2)
`IPR2016-00486 (Patent 6,511,499 B2)
`IPR2016-00487 (Patent 7,195,634 B2)
`IPR2016-00817 (Patent 6,875,216 B2)
`IPR2016-00818 (Patent 7,322,986 B2)
`IPR2016-00819 (Patent 6,629,977 B1)
`
`PETITIONER:
`
`Michael N. Rader
`Jason M. Honeyman
`Richard F. Giunta
`Jennifer J. Wang
`MRader-PTAB@wolfgreenfield.com
`JHoneyman-PTAB@wolfgreenfield.com
`RGiunta-PTAB@wolfgreenfield.com
`JWang-PTAB@wolfgreenfield.com
`
`
`
`PATENT OWNER
`
`Anthony P. Cho
`Theodore W. Olds, III
`Brian S. Tobin
`Timothy J. Murphy
`acho@cgolaw.com
`tolds@cgolaw.com
`btobin@cgolaw.com
`tmurphy@cgolaw.com
`sn-iprs@cgolaw.com
`
`
` 4
`
`
`
`
`
`

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