Trials@uspto.gov
`571-272-7822
`
`
` Paper 46
` Date: August 9, 2021
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`FREDMAN BROS. FURNITURE COMPANY, INC.,
`Petitioner,
`
`v.
`
`BEDGEAR, LLC,
`Patent Owner.
`_____________
`
`IPR2017-00350 (Patent 8,887,332 B2)
`IPR2017-00351 (Patent 9,015,883 B2)
`IPR2017-00352 (Patent 8,646,134 B1)
`___________
`
`
`
`PER CURIAM.
`
`
`
`
`
`
`TERMINATION
`Due to Settlement After Institution of Trial
` 35 U.S.C. § 317; 37 C.F.R. § 42.74
`
`
`
`571-272-7822
`
`
` Paper 46
` Date: August 9, 2021
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`FREDMAN BROS. FURNITURE COMPANY, INC.,
`Petitioner,
`
`v.
`
`BEDGEAR, LLC,
`Patent Owner.
`_____________
`
`IPR2017-00350 (Patent 8,887,332 B2)
`IPR2017-00351 (Patent 9,015,883 B2)
`IPR2017-00352 (Patent 8,646,134 B1)
`___________
`
`
`
`PER CURIAM.
`
`
`
`
`
`
`TERMINATION
`Due to Settlement After Institution of Trial
` 35 U.S.C. § 317; 37 C.F.R. § 42.74
`
`
`
`
`IPR2017-00350 (Patent 8,887,332 B2)
`IPR2017-00351 (Patent 9,015,883 B2)
`IPR2107-00352 (Patent 8,646,134 B1)
`
`INTRODUCTION
`I.
`With the Board’s authorization, Petitioner Fredman Bros. Furniture
`Company, Inc. and Patent Owner Bedgear, LLC (collectively, “Parties”)
`filed Joint Motions to Terminate these proceedings due to settlement.
`IPR2017-00350, Paper 45 (“Joint Motion”); IPR2017-00351, Paper 45;
`IPR2017-00352, Paper 46. In support of these motions, the Parties filed a
`copy of a confidential settlement agreement (IPR2017-00350, Ex. 2022;
`IPR2017-00351, Ex. 2022; IPR2017-00352, Ex. 2022 (“Settlement
`Agreement”)), as well as joint requests to file the settlement agreement as
`business confidential pursuant to 35 U.S.C. § 317 and 37 C.F.R. § 42.74(c)
`(IPR2017-00350, Paper 44; IPR2017-00351, Paper 44; IPR2017-00352,
`Paper 45 (“Joint Request”)). For simplicity, we refer below only to the
`filings in IPR2017-00350, which are representative of the filings in each of
`the proceedings.
`
`II. DISCUSSION
`Under 35 U.S.C. § 317(a), “[a]n inter partes review instituted under
`this chapter shall be terminated with respect to any petitioner upon the joint
`request of the petitioner and the patent owner, unless the Office has decided
`the merits of the proceeding before the request for termination is filed.”
`Section 317(a) also provides that if no petitioner remains in the inter partes
`review, the Office may terminate the review. Section 317(b) requires that
`any agreement between the parties, including collateral agreements, made in
`connection with the termination of an inter partes review “shall be in writing
`and a true copy of such agreement or understanding shall be filed in the
`
`2
`
`
`
`IPR2017-00350 (Patent 8,887,332 B2)
`IPR2017-00351 (Patent 9,015,883 B2)
`IPR2107-00352 (Patent 8,646,134 B1)
`
`Office before the termination of the inter partes review as between the
`parties.”
`The Parties represent that they have made and signed an agreement
`that resolves all underlying disputes between the parties, including these
`proceedings. E.g., -00350 Joint Motion 1. Further, the Parties jointly certify
`that, aside from the Settlement Agreement, “there are no other agreements or
`understandings, oral or written, between the parties, including any collateral
`agreements or understandings, made in connection with, or in contemplation
`of, the termination of [these] proceedings,” and that the filed copy of the
`Settlement Agreement is a true and correct copy. E.g., id.
`We instituted trials in the above-identified proceedings. Although we
`decided the merits of the proceedings and entered final written decisions, the
`Federal Circuit vacated those final written decisions based on the Federal
`Circuit’s Arthrex decision. Bedgear, LLC v. Fredman Bros. Furniture Co.,
`783 F. App’x 1029 (2019) (order vacating and remanding) (citing Arthrex,
`Inc. v. Smith & Nephew, Inc., 941 F.3d 1320 (Fed. Cir. 2019)). Petitioner
`filed a petition for writ of certiorari, which was dismissed upon a joint
`stipulation of dismissal on June 23, 2021. Fredman Bros. Furniture Co. v.
`Bedgear, LLC, No. 20-408, 2021 WL 2908899 (U.S. June 23, 2021).
`Notwithstanding that the proceedings have moved beyond the
`preliminary stages, the Parties have shown adequately that the termination of
`the proceedings is appropriate. Under these circumstances, we determine
`that good cause exists to terminate the proceedings. We further determine
`that the Settlement Agreement complies with the requirements for written
`agreements regarding termination set forth in 35 U.S.C. § 317(b).
`
`3
`
`
`
`IPR2017-00350 (Patent 8,887,332 B2)
`IPR2017-00351 (Patent 9,015,883 B2)
`IPR2107-00352 (Patent 8,646,134 B1)
`
`The Parties also filed Joint Requests that the Settlement Agreement be
`treated as business confidential information and be kept separate from the
`file of the respective patents involved in these inter partes proceedings.
`E.g., -00350 Joint Request. After reviewing the Settlement Agreement
`between Petitioner and Patent Owner, we find that the Settlement Agreement
`contains confidential business information regarding the terms of settlement.
`We determine that good cause exists to treat the Settlement Agreement
`between Petitioner and Patent Owner as business confidential information
`pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c).
`This Order does not constitute a final written decision pursuant to
`35 U.S.C. § 318(a).
`
` ORDER
`III.
`Accordingly, for the reasons discussed above, it is
`ORDERED that, for each proceeding, the Joint Motion to Terminate
`is granted, and IPR2017-00350, IPR2017-00351, and IPR2017-00352 are
`terminated pursuant to 35 U.S.C. § 317(a) and 37 C.F.R. § 42.72; and
`FURTHER ORDERED that, for each proceeding, the Joint Request to
`File Settlement Agreement as Business Confidential is granted, and the
`Settlement Agreement shall be kept separate from the files of U.S. Patent
`No. 8,983,134 B2, U.S. Patent No. 9,015,883 B2, and U.S. Patent No.
`8,646,134 B1, and made available only to Federal Government agencies on
`written request, or to any person on a showing of good cause, pursuant to 35
`U.S.C. § 317(b) and 37 C.F.R. § 42.74(c).
`
`
`4
`
`
`
`IPR2017-00350 (Patent 8,887,332 B2)
`IPR2017-00351 (Patent 9,015,883 B2)
`IPR2107-00352 (Patent 8,646,134 B1)
`
`FOR PETITIONER:
`Jason R. Mudd
`Eric A. Buresh
`ERISE IP, P.A.
`jason.mudd@eriseip.com
`eric.buresh@eriseip.com
`
`FOR PATENT OWNER:
`Joseph J. Richetti
`Frank M. Fabiani
`Alexander Walden
`BRYAN CAVE LLP
`joerichetti@bryancave.com
`frank.fabiani@bryancave.com
`alexander.walden@bryancave.com
`
`
`
`5
`
`
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