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`
`
`
`Trials@uspto.gov
`571-272-7822 Entered: November 7, 2017
`
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`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`INOGEN, INC.,
`Petitioner,
`
`v.
`
`SEPARATION DESIGN GROUP IP HOLDINGS, LLC,
`Patent Owner.
`____________
`
`Case IPR2017-00453
`Patent 9,199,055 B2
`____________
`
`
`Before KRISTINA M. KALAN, JON B. TORNQUIST, and
`CHRISTOPHER M. KAISER, Administrative Patent Judges.
`
`KAISER, Administrative Patent Judge.
`
`
`
`
`
`
`
`
`
`
`
`
`
`ORDER
`Termination of the Proceedings
`35 U.S.C. § 317(a) and 37 C.F.R. § 42.72
`
`
`
`
`
`
`IPR2017-00453
`Patent 9,199,055 B2
`
`
`On November 6, 2017, the parties filed a Joint Request to Terminate
`this proceeding pursuant to 35 U.S.C. § 317(a). Paper 23 (“Joint Motion to
`Terminate”). In addition, pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. §
`42.74(c), the parties filed a true and correct copy of a License and Settlement
`Agreement, Paper 24, along with a Joint Request to File Settlement
`Agreement as Business Confidential Information, to be kept separate from
`the publicly available patent files. Paper 25.
`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 patent owner, unless the Office has decided the
`merits of the proceeding before the request for termination is filed.” In this
`case, the Board instituted trial on June 16, 2017. Paper 10. So far, Patent
`Owner has filed its Patent Owner Response, but Petitioner has not yet filed
`its Reply, and the Board has not decided the merits of the proceeding.
`Under 37 C.F.R. § 42.72, “[t]he Board may terminate a trial without
`rendering a final written decision, where appropriate, including . . . pursuant
`to a joint request under 35 U.S.C. [§] 317(a).” After reviewing the Joint
`Motion to Terminate and the Settlement Agreement, we determine that it is
`appropriate to terminate the proceeding without rendering a final written
`decision. Therefore, the Joint Motion to Terminate is GRANTED.
`
`
`
`
`
`
`2
`
`
`
`
`
`
`IPR2017-00453
`Patent 9,199,055 B2
`
`
`Accordingly, it is
`ORDERED that the Joint Motion to File Settlement Agreement as
`Business Confidential Information is GRANTED, and the License and
`Settlement Agreement will be kept separate from the patent files; and
`ORDERED that the Joint Motion to Terminate is GRANTED and this
`proceeding is hereby TERMINATED.
`
`
`PETITIONER:
`
`John B. Sganga, Jr.
`Nicholas M. Zovko
`Linda H. Liu
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2jbs@knobbe.com
`2nmz@knobbe.com
`2lhl@knobbe.com
`
`
`
`PATENT OWNER:
`
`Brett M. Pinkus
`Richard Wojcio
`FRIEDMAN, SUDER & COOKE
`pinkus@fsclaw.com
`wojcio@fsclaw.com
`
`
`3
`
`
`
`
`
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