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`
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`Trials@uspto.gov
`Tel: 571.272.7822
`
`Paper 9
`Entered: April 17, 2017
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`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`IRADION LASER, INC.,
`Petitioner,
`
`v.
`
`NOVANTA CORP.,
`Patent Owner.
`
`Case IPR2017-00241 (Patent 6,614,826 B1)
`Case IPR2017-00244 (Patent 6,198,759 B1)
`
`
`Before TREVOR M. JEFFERSON, JENNIFER MEYER CHAGNON,
`SHEILA F. McSHANE, Administrative Patent Judges.
`
`JEFFERSON, Administrative Patent Judge.
`
`DECISION
`Granting Joint Motion to Terminate Proceeding
`35 U.S.C. § 317(a) and 37 C.F.R. §§ 42.71, 42.74
`
`
`
`On March 30, 2017, and pursuant to 35 U.S.C. § 317(a) and 37 C.F.R.
`
`§§ 42.72, 42.74, the parties filed joint motions to terminate IPR2017-00241
`
`and IPR2017-00244. Paper 7 (IPR2017-00241); Paper 7 (IPR2017-00244).
`
`Along with the joint motions, the parties filed a Confidential Settlement
`
`
`
`IPR2017-00241 (Patent 6,614,826 B1)
`IPR2017-00244 (Patent 6,198,759 B1)
`
`Agreement (Ex. 1008, “Settlement Agreement”) in each case. The parties
`
`represent that pursuant to the Settlement Agreement, Petitioner has agreed to
`
`no longer maintain or participate in the inter partes review for U.S. Patent
`
`Nos. 6,614,826 B1 (“the ’826 patent”) and 6,198,759 B1 (“the ’759 patent”).
`
`Paper 7, 1 (IPR2017-00241); Paper 7, 1 (IPR2017-00244). The parties
`
`further represent that Exhibit 1008 is a true copy of the Settlement
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`Agreement entered into by the parties and that there are “no collateral
`
`agreements or understandings made in connection with, or in contemplation
`
`of, the termination of [IPR2017-00241 or IPR2017-00244].” Id. The parties
`
`further represent that the ’826 patent and the ’759 patent were involved in
`
`Synrad, Inc. v. Iradion Laser, Inc., Case 1:12-cv-00650-ML-LDA (D.R.I.),
`
`which was dismissed without prejudice on October 26, 2012, and Novanta
`
`Corporation v. Iradion Laser, Inc., Case 1:15-cv-01033-SLR-SRF (D. Del.),
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`which was dismissed with prejudice on March 23, 2017. Id.
`
`These proceedings are at an early stage as we have not rendered
`
`decisions regarding institution of inter partes review. In view of the early
`
`stage of these proceedings, and the dismissal and settlement of the dispute
`
`between the parties regarding the ’826 patent and the ’759 patent, we
`
`determine that it is appropriate to dismiss the petitions in the instant
`
`proceedings. See 37 C.F.R. § 42.71(a). Therefore, the joint motions to
`
`terminate the proceedings in IPR2017-00241 and IPR2017-00244 are
`
`granted. This paper does not constitute a final written decision pursuant to
`
`35 U.S.C. § 318(a).
`
`The parties also filed in each case a joint request that the settlement
`
`agreement, Ex. 1008, be treated as business confidential information
`
`pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c). Paper 8, 1
`
`2
`
`
`
`IPR2017-00241 (Patent 6,614,826 B1)
`IPR2017-00244 (Patent 6,198,759 B1)
`
`(IPR2017-00241); Paper 8, 1 (IPR2017-00244). We grant the parties’
`
`request.
`
`Accordingly, it is:
`
`ORDER
`
`ORDERED that the parties’ joint request that the Settlement
`
`Agreement, Ex. 1008, in IPR2017-00241 and IPR2017-00244 be treated as
`
`business confidential information, to be kept separate from the patent file, is
`
`granted; and
`
`FURTHER ORDERED that the petition in each of IPR2017-00241
`
`and IPR2017-00244 is dismissed under 37 C.F.R. § 42.71(a) and the
`
`proceedings are hereby terminated.
`
`
`
`
`
`3
`
`
`
`IPR2017-00241 (Patent 6,614,826 B1)
`IPR2017-00244 (Patent 6,198,759 B1)
`
`
`
`PETITIONER:
`
`Joshua Larsen
`Joshua.larsen@btlaw.com
`
`Paul Hunt
`iradionservice@btlaw.com
`
`PATENT OWNER:
`
`Peter Schechter
`schechter@oshaliang.com
`
`Tammy Terry
`terry@oshaliang.com
`
`
`4
`
`
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