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`571-272-7822
`Date Entered: April 19, 2017
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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`ELEKTA, INC.,
`Petitioner
`
`v.
`
`VARIAN MEDICAL SYSTEMS INTERNATIONAL AG,
`Patent Owner
`____________
`
`Case IPR2016-00842
`Patent 7,906,770 B2
`____________
`
`Before BRIAN J. MCNAMARA, PATRICK M. BOUCHER, and GARTH D.
`BAER, Administrative Patent Judges.
`
`BAER, Administrative Patent Judge.
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`
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`DECISION
`Termination of the Proceeding
`37 C.F.R. §§ 42.72, 42.73, 42.7
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`IPR2016-00842
`Patent 7,906,770 B2
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`On April 12 2017, the parties filed a joint motion to terminate this
`proceeding under 35 U.S.C. § 317 and 37 C.F.R. § 42.74. Paper 27. The parties
`filed a copy of their settlement agreement, in accordance with 37 C.F.R.
`§ 42.74(b). Ex. 2115. The parties also filed a joint request to treat the settlement
`agreement as confidential business information, pursuant to 35 U.S.C. § 317(b) and
`37 C.F.R. § 42.74(c). Paper 28.
`The parties indicate in their joint motion that they have settled their dispute
`and have agreed to request termination of this inter partes review. Paper 27. For
`the reasons set forth below, we grant the joint motion to terminate and the joint
`request to treat the settlement agreement as business confidential information.
`Under 35 U.S.C. § 317(a), “[a]n inter partes review instituted under this
`chapter shall be terminated with respect to any petitioner upon the joint request of
`the petitioner and the patent owner, unless the Office has decided the merits of the
`proceeding before the request for termination is filed.” In this case, briefing is not
`complete, and we have not had an oral hearing or issued a final written decision.
`Thus, upon consideration of the facts before us, we determine it is appropriate to
`terminate this case and enter judgment without rendering a final written decision.
`See 37 C.F.R. §§ 42.72, 42.73, 42.74. We determine also that the parties have
`complied with the requirements of 37 C.F.R. § 42.74(c) and, therefore, we grant
`the parties’ joint request to treat the settlement agreement as business confidential
`information.
`Accordingly it is:
`ORDERED that the parties’ joint motion to terminate this proceeding is
`granted and this case is hereby terminated; and
`FURTHER ORDERED that the parties’ joint request that the agreement (Ex.
`2115) submitted in support of their joint motion be treated as business confidential
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`2
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`IPR2016-00842
`Patent 7,906,770 B2
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`information, kept separate from the file of U.S. Patent No. 7,906,770, and made
`available only under the provisions of 35 U.S.C. § 327(b) and 37 C.F.R. §
`42.74(c), is granted.
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`PETITIONER:
`
`Timothy J. May
`James R. Barney
`Joshua L. Goldberg
`Christopher C. Johns
`Justin E. Loffredo
`FINNEGAN, HENDERSON, FARAABOW, GARRETT & DUNNER, LLP
`timothy.may@finnegan.com
`james.barney@finnegan.com
`joshua.goldberg@finnegan.com
`christopher.johns@finnegan.com
`justin.loffredo@finnegan.com
`
`PATENT OWNER:
`
`Michael Ray
`Nirav Desai
`Jonathan Tuminaro
`Yasser Mourtada
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`mray-PTAB@skgf.com
`ndesai-PTAB@skgf.com
`jtuminar-ptab@skgf.com
`ymourtad-ptab@skgf.com
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`3
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