`Tel: 571-272-7822
`
`
`Paper 21
`Entered: January 19, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`PLASTIC DEVELOPMENT GROUP, LLC,
`Petitioner,
`
`v.
`
`MAXCHIEF INVESTMENTS LIMITED,
`Patent Owner.
`____________
`
`Case IPR2017-00846
`Patent 6,622,644 B2
`____________
`
`
`Before SCOTT A. DANIELS, TIMOTHY J. GOODSON, and
`ELIZABETH M. ROESEL, Administrative Patent Judges.
`
`
`DANIELS, Administrative Patent Judge.
`
`TERMINATION
`Dismissing the Petition After Institution Due to Settlement
`37 C.F.R. §§ 42.5(a), 42.71(a)
`
`On January 8, 2017, the parties filed a “Joint Motion to Terminate
`
`Proceeding” (Paper 19), and “Joint Motion to File Settlement Agreement as
`
`Business Confidential Settlement Information” under 35 U.S.C. § 317(b)
`
`and C.F.R. § 42.74(c) (Paper 20). The parties also filed a copy of their
`
`written settlement agreement (Exhibit 1008).
`
`
`
`
`1
`
`
`
`IPR2017-00846
`Patent 6,622,644 B2
`
`
`We instituted trial in this proceeding on September 5, 2017 and set an
`
`oral hearing date of May 24, 2018. This proceeding is, therefore, still in its
`
`early stages. The parties indicate the following with respect to their dispute
`
`involving U.S. Patent 6,622,644 B2 (“the ’644 patent”):
`
`Petitioner and Patent Owner have entered into a written
`settlement agreement that resolves all underlying disputes
`between the parties, including this proceeding . . . As required by
`the Board, the parties are submitting a true copy of the agreement
`(Ex. 1008) along with this joint motion to terminate and a
`separate joint request to file the settlement agreement as business
`confidential information under 35 U.S.C. § 317(b) and 37 C.F.R.
`§ 42.74(c).
`
`Paper 19, 1. Under these circumstances, we determine that it is appropriate
`
`to dismiss the petition. See 37 C.F.R. §§ 42.5(a), 42.71(a). This paper does
`
`not constitute a final written decision pursuant to 35 U.S.C. § 318(a).
`
`
`
`It is
`
`ORDERED that the parties’ “Joint Motion to Terminate Proceeding”
`
`is granted to the extent that proceeding IPR2017-00846 is terminated;
`
`FURTHER ORDERED that the Petition for Inter Partes Review of
`
`the above-referenced patent is dismissed; and
`
`FURTHER ORDERED that, as was requested timely by the parties
`
`the settlement agreement (Paper 20) will be treated as business confidential
`
`information under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c).
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`IPR2017-00846
`Patent 6,622,644 B2
`
`For PETITIONER:
`
`John S. LeRoy
`Mark A. Jotanovic
`Michael N. Maccallum
`BROOKS KUSHMAN, P.C.
`mmaccallum@brookskushman.com
`mjotanovic@brookskushman.com
`jleroy@brookskushman.com
`
`For PATENT OWNER:
`
`Mark P. Crockett
`Michael J. Bradford
`LUEDEKA NEELY GROUP, P.C.
`mcrockett@Luedeka.com
`mbradford@Luedeka.com
`
`
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