`571-272-7822
`
`
`
`
`Paper 15
`Entered: December 9, 2016
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`TELADOC, INC.,
`Petitioner,
`
`v.
`
`AMERICAN WELL CORP.,
`Patent Owner.
`____________
`
`Case IPR2016-01167
`Patent 7,590,550 B2
`____________
`
`
`
`Before BRIAN J. McNAMARA, MICHAEL J. FITZPATRICK, and
`DANIEL J. GALLIGAN, Administrative Patent Judges.
`
`
`GALLIGAN, Administrative Patent Judge.
`
`DECISION
`Granting Petitioner’s Unopposed Motion to Dismiss Petition
`37 C.F.R. §§ 42.71(a), 42.74
`
`
`
`
`
`
`
`
`
`
`
`IPR2016-01167
`Patent 7,590,550 B2
`
`I.
`
`DISCUSSION
`
`On June 8, 2016, Teladoc, Inc. (“Petitioner”) filed a Petition
`
`requesting inter partes review of claims 1–11, 14, 15, 23, and 30 of U.S.
`
`Patent No. 7,590,550 B2. Paper 2. On November 29, 2016, Petitioner filed
`
`an unopposed Motion to Dismiss the Petition. Paper 13. Furthermore,
`
`Petitioner and American Well Corporation (“Patent Owner”) filed a Joint
`
`Request to have their agreement treated as business confidential information
`
`under 37 C.F.R. § 42.74(c). Paper 14. Petitioner also filed a true copy of
`
`their written agreement. Ex. 1011. Petitioner represents that “[t]he parties
`
`have settled their disputes via a written agreement,” and Petitioner contends
`
`that dismissal of the Petition is appropriate at this early stage because a
`
`decision whether to institute trial has not been issued. Paper 13, 2.
`
`Petitioner indicates Patent Owner does not oppose the Motion. Id. at 3.
`
`Petitioner has demonstrated that dismissal of its Petition is warranted,
`
`and we grant Petitioner’s Motion. See 37 C.F.R. § 42.71(a) (petitions are
`
`dismissible). We also grant the parties’ request to have their agreement
`
`treated as business confidential information pursuant to 37 C.F.R. §
`
`42.74(c).
`
`
`
`II. ORDER
`
`Accordingly, it is:
`
`ORDERED that Petitioner’s Motion is granted and the Petition is
`
`dismissed; and
`
`ORDERED that the parties’ Joint Request that their agreement
`
`(Ex. 1011) be treated as business confidential information under 37 C.F.R.
`
`§ 42.74(c) is GRANTED.
`
`2
`
`
`
`3
`
`IPR2016-01167
`Patent 7,590,550 B2
`
`
`
`PETITIONER:
`
`Michael Solomita
`msolomita@sheppardmullin.com
`
`Jesse Salen
`jsalen@sheppardmullin.com
`
`
`
`PATENT OWNER:
`
`Walter Renner
`IPR22569-0093IP3@fr.com
`
`Christina McDonough
`PTABInbound@fr.com
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