`571-272-7822
`
`
`
`
`Paper 57
`Entered: August 29, 2017
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SOLENIS LLC,
`Petitioner,
`
`v.
`
`ECOLAB USA INC.,
`Patent Owner.
`
`____________
`
`Case IPR2016-01281 (Patent 8,465,623 B2)
`Case IPR2016-01282 (Patent 8,088,250 B2)
`____________
`
`Before KRISTINA M. KALAN and JEFFREY W. ABRAHAM,
`Administrative Patent Judges.
`ABRAHAM, Administrative Patent Judge.
`
`ORDER
`Termination of the Proceedings
`37 C.F.R. §§ 42.72
`
`On August 24, 2017, with Board authorization, the parties filed in
`
`each above-captioned proceeding a Joint Motion to Dismiss. IPR2016-
`01281, Paper 56; IPR2016-01282, Paper 57. With the Joint Motions, the
`parties filed a copy of a written settlement agreement and a Joint Request to
`have the settlement agreement treated as confidential business information
`
`
`
`Case IPR2016-01281 (Patent 8,465,623 B2)
`Case IPR2016-01282 (Patent 8,088,250 B2)
`
`under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c). IPR2016-01281, Paper
`53 and Ex. 1032; IPR2016-01282, Paper 55 and Ex. 1032.
`We entered a Decision to Institute an inter partes review in each case
`
`on January 5, 2017. IPR2016-01281, Paper 33; IPR2016-01282, Paper 35.
`Since that time, no additional significant activity has occurred in this
`proceeding and the parties indicate that they have agreed to resolve their
`disputes related to the challenged patents. See, e.g., IPR2016-01281, Paper
`56, 1; IPR2016-01282, Paper 57, 1. Under these circumstances, we
`determine that it is appropriate to terminate each proceeding. See 37 C.F.R.
`§§ 42.5(a), 42.71(a). This paper does not constitute a final written decision
`pursuant to 35 U.S.C. § 318(a).
`
`As requested by the parties, the settlement agreement will be treated
`as business confidential information and kept separate from the patent files.
`37 C.F.R. § 42.74(c).
`
`In view of the foregoing, it is hereby
`ORDERED that the Joint Motions filed by the parties in Cases
`IPR2016-01281 (Paper 56) and IPR2016-01282 (Paper 57) are granted;
`FURTHER ORDERED that these proceedings are terminated with
`respect to both Petitioner and Patent Owner; and
`FURTHER ORDERED that the parties’ Joint Requests to have their
`settlement agreement (IPR2016-01281, Ex. 1032; IPR2016-01282, Ex.
`1032) treated as business confidential information, to be kept separate from
`the patent files, are granted.
`
`
`
`
`2
`
`
`
`Case IPR2016-01281 (Patent 8,465,623 B2)
`Case IPR2016-01282 (Patent 8,088,250 B2)
`
`PETITIONER:
`Michael Chu
`Kevin Shortsle
`McDermott Will & Emery LLP
`mchu@mwe.com
`kshortsle@mwe.com
`
`
`
`PATENT OWNER:
`Anthony Zeuli
`Andrew Lagatta
`Anneliese Mayer
`Merchant & Gould P.C.
`tzeuli@merchantgould.com
`alagatta@merchantgould.com
`amayer@merchantgould.com
`
`
`3
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
