`571-272-7822
`
`Paper 10
`Entered February 13, 2017
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`CHARLES RIVER LABORATORIES, INC. and
`CHARLES RIVER LABORATORIES INTERNATIONAL, INC.,
`
`Petitioner,
`
`v.
`
`IDEXX LABORATORIES, INC.,
`Patent Owner.
`____________
`
`Cases
` IPR2016-01508 (Patent 8,945,945 B2)
`IPR2016-01511 (Patent 8,927,298 B2)
`IPR2016-01513 (Patent 9,040,308 B1)
`____________
`
`
`
`
`
`Before ULRIKE W. JENKS, RAMA G. ELLURU, and CHRISTOPHER M.
`KAISER, Administrative Patent Judges.
`
`ELLURU, Administrative Patent Judge.
`
`TERMINATION
`Dismissing the Petitions
`37 C.F.R. §§ 42.5(a) and 42.71(a)
`
`
`
`
`IPR2016-01508 (Patent 8,945,945 B2)
`IPR2016-01511 (Patent 8,927,298 B2)
`IPR2016-01513 (Patent 9,040,308 B1)
`
`
`
`On February 9, 2017, the parties filed joint motions to terminate
`IPR2016-01508, IPR2016-01511, and IPR2016-01513 (Paper 7),1 along
`with what they indicate is a true copy of their settlement agreement (Paper
`92). Simultaneously, the parties also filed joint requests that the settlement
`agreement be treated as business confidential information and kept separate
`from the files in the respective proceedings. Paper 8, 1–2.
`The instant proceedings are in the early stages, and decisions on
`whether to institute trial have not been made. The parties represent that they
`“have reached a settlement agreement that resolves all pending disputes
`between CRL and IDEXX as to the subject patents, including the subject
`IPRs” and that “the parties’ settlement agreements are in writing, and a true
`and correct copy is filed concurrently” with the instant motion. Id. at 2. The
`parties also represent that they “are unaware of any other issued patent
`proceedings pending before the United States Patent and Trademark Office
`that would be affected by the outcome of this proceeding” or “any additional
`pending, related inter partes review proceedings.” Id. at 3. The parties state
`that “[t]he settlement agreement entered into between the parties requires
`that the related district court action involving the subject parties and subject
`patents, IDEXX Labs. et al. v. Charles River Labs. et al, No. 15-668 (D.
`
`
`1 The parties filed similar papers in each of the instant proceedings. We
`refer to those filed in Case IPR2016-01508 for convenience.
`2 The settlement agreement, Paper 9 in IPR2016-01508, Paper 9 in IPR2016-
`01511, and Paper 9 in IPR2016-01513, will be expunged and refiled as
`Ex. 3001 (“Board and Parties Only”) in all three proceedings.
`
`2
`
`
`
`IPR2016-01508 (Patent 8,945,945 B2)
`IPR2016-01511 (Patent 8,927,298 B2)
`IPR2016-01513 (Patent 9,040,308 B1)
`
`
`
`Del.), be dismissed no later than February 9, 2017, and the parties are in the
`process of implementing that action.” Id.
`Under these circumstances, it is appropriate to dismiss the Petitions
`for Inter Partes Review in IPR2016-01508, IPR2016-01511, and IPR2016-
`01513. 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).
`
`
`Accordingly, it is
`ORDERED that the joint motions to terminate IPR2016-01508,
`IPR2016-01511, and IPR2016-01513 are granted;
`FURTHER ORDERED that the Petitions for Inter Partes Review in
`IPR2016-01508, IPR2016-01511, and IPR2016-01513 are dismissed; and
`FURTHER ORDERED that a copy of this Judgment be filed in
`IPR2016-01508, IPR2016-01511, and IPR2016-01513;
`FURTHER ORDERED that the parties’ joint requests in IPR2016-
`01508, IPR2016-01511, and IPR2016-01513 that the settlement agreement
`in each proceeding be treated as business confidential information, to be
`kept separate from the patent files, are granted; and
`FURTHERED ORDERED that Paper 9 in IPR2016-01508, Paper 9 in
`IPR2016-01511, and Paper 9 in IPR2016-01513 be expunged and refiled as
`Ex. 3001 (“Board and Parties Only”) in all three proceedings.
`
`
`
`3
`
`
`
`
`
`IPR2016-01508 (Patent 8,945,945 B2)
`IPR2016-01511 (Patent 8,927,298 B2)
`IPR2016-01513 (Patent 9,040,308 B1)
`
`
`
`PETITIONER:
`Douglas J. Kline
`Brian T. Drummond
`Krupa K. Parikh
`GOODWIN PROCTER LLP
`dkline@goodwinprocter.com
`bdrummond@goodwinlaw.com
`kparikh@goodwinprocter.com
`
`
`
`PATENT OWNER:
`Daniel A. Boehnen
`Grantland G. Drutchas
`Patrick G. Gattari
`MCDONNELL BOEHNEN HULBERT
` & BERGHOFF LLP
`boehnen@mbhb.com
`drutchas@mbhb.com
`gattari@mbhb.com
`
`
`4
`
`
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