`Date: May 11, 2017
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`Trials@uspto.gov
`571-272-7822
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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`MEDTRONIC XOMED, INC.,
`Petitioner,
`
`v.
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`NEUROVISION MEDICAL PRODUCTS, INC.,
`Patent Owner.
`____________
`
`Case IPR2017-00456
`Patent 8,634,894 B2
`____________
`
`
`
`Before MEREDITH C. PETRAVICK, MITCHELL G. WEATHERLY, and
`MICHAEL L. WOODS, Administrative Patent Judges.
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`WOODS, Administrative Patent Judge.
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`
`
`Dismissing Joint Motion to Terminate and
`Joint Request to Keep Separate
`Conduct of the Proceeding
`37 C.F.R. § 42.5
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`IPR2017-00456
`Patent 8,634,894 B2
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`I. Introduction
`On May 8, 2017, Medtronic Xomed, Inc. (“Petitioner”) and
`Neurovision Medical Products, Inc. (“Patent Owner”) filed a Joint Motion to
`Terminate Inter Partes Review under 35 U.S.C. § 317(a) and 37 C.F.R.
`§§ 42.72 and 42.74 (“Motion to Terminate”). Paper 12. The parties submit
`that termination is appropriate because they have settled and “the Board has
`not yet decided the merits of the proceeding.” Id. at 3.
`Along with the Motion to Terminate, the parties filed a copy of their
`Settlement and License Agreement (“Settlement Agreement,” Ex. 2030) and
`a Joint Request to Keep Separate Pursuant to 35 U.S.C. § 317(b) and
`37 C.F.R. § 42.74(c) (“Request to Keep Separate”). Paper 13.
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`II. Discussion
`On May 5, 2017, the Petition was denied. Paper 10. As a result, there
`is no inter partes review to be terminated. Accordingly, we dismiss as moot
`the parties’ Motion to Terminate and the parties’ Request to Keep Separate.
`We also expunge from the record the parties’ Settlement Agreement.
`37 C.F.R. § 42.7(a).
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`III. Orders
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`It is
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`ORDERED that the Joint Motion to Terminate (Paper 12) and the
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`Joint Request to Keep Separate (Paper 13) are dismissed as moot; and
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`FURTHER ORDERED that Settlement Agreement (Exhibit 2030) is
`expunged.
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`IPR2017-00456
`Patent 8,634,894 B2
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`For PETITIONER:
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`Justin J. Oliver
`Jason Dorsky
`FITZPATRICK, CELLA, HARPER & SCINTO
`Medtronic894IPR@fchs.com
`jdorsky@fchs.com
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`
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`For PATENT OWNER:
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`Neil A. Rubin
`Kent Shum
`C. Jay Chung
`RUSS AUGUST & KABAT
`nrubin@raklaw.com
`kshum@raklaw.com
`jchung@raklaw.com
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