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`571-272-7822
`Date Entered: April 20, 2017
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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`ELEKTA, INC.,
`Petitioner
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`v.
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`VARIAN MEDICAL SYSTEMS INTERNATIONAL AG,
`Patent Owner
`____________
`
`Case IPR2016-00845
`Patent 7,906,770
`____________
`
`Before BRIAN J. MCNAMARA, PATRICK M. BOUCHER, and GARTH
`D. BAER, Administrative Patent Judges.
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`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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`IPR2016-00845
`Patent 7,906,770
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`On April 12 2017, the parties filed a joint motion to terminate this
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`proceeding under 35 U.S.C. § 317 and 37 C.F.R. § 42.74. Paper 26. The
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`parties filed a copy of their settlement agreement, in accordance with 37
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`C.F.R. § 42.74(b). Ex. 2115. The parties filed also a joint request to treat
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`the settlement agreement as confidential business information, pursuant to
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`35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c). Paper 27. The parties indicate
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`in their joint motion that termination is appropriate because the dispute
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`between the parties relating to U.S. Patent No. 7,906,770 has been resolved.
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`Paper 26, 1. For the reasons set forth below, we grant the joint motion to
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`terminate and the joint request to treat the settlement agreement as business
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`confidential information.
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`Under 35 U.S.C. § 317(a), “[a]n inter partes review instituted under
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`this chapter shall be terminated with respect to any petitioner upon the joint
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`request of the petitioner and patent owner, unless the Office has decided the
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`merits of the proceeding before the request for termination is filed.” In this
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`case, briefing is not complete, and we have not had an oral hearing or issued
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`a final written decision. Thus, upon consideration of the facts before us, we
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`determine it is appropriate to terminate this case and enter judgment without
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`rendering a final written decision. See 37 C.F.R. §§ 42.72, 42.73, 42.74.
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`We determine also that the parties have complied with the requirements of
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`37 C.F.R. § 42.74(c) and, therefore, we grant the parties’ joint request to
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`treat the settlement agreement as business confidential information.
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`Accordingly it is:
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`ORDERED that the parties’ joint motion to terminate this proceeding
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`is granted and this case is hereby terminated; and
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`2
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`IPR2016-00845
`Patent 7,906,770
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`FURTHER ORDERED that the parties’ joint request that the
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`agreement (Ex. 2115) submitted in support of their joint motion be treated as
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`business confidential information, kept separate from the file of U.S. Patent
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`No. 7,906,770, and made available only under the provisions of 35 U.S.C. §
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`317(b) and 37 C.F.R. § 42.74(c), is granted.
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`PETITIONER:
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`Timothy May
`James Barney
`Lauren Dreyer
`Joshua Goldberg
`FINNEGAN, HENDERSON, FARAABOW, GARRETT & DUNNER, LLP
`timothy.may@finnegan.com
`james.barney@finnegan.com
`lauren.dreyer@finnegan.com
`joshua.goldberg@finnegan.com
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`PATENT OWNER:
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`Michael B. Ray
`Nirav N. 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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