`__________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________________________
`
`MERAS ENGINEERING, INC.,
`Petitioner,
`
`v.
`
`CH2O, INC.,
`Patent Owner.
`
`
`
`
`
`
`
`
`
`
`
`Filed: June 22, 2017
`
`
`
`
`
`
`
`
`Case No. IPR2017-01000
`U.S. Patent No. RE45,550
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`JOINT MOTION TO TERMINATE PURSUANT TO
`35 U.S.C § 317 AND 37 C.F.R. § 42.74
`
`
`
`
`
`
`
`
`
`
`
`Meras v. CH2O
`IPR2017-01000
`I. STATEMENT OF THE PRECISE RELIEF REQUESTED
`
`Pursuant to 35 U.S.C. § 317(a) and 37 C.F.R. § 42.74, Petitioner Meras
`
`Engineering, Inc. (“Petitioner”) and Patent Owner CH2O, Inc. (“Patent Owner”)
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`jointly move to terminate this inter partes review (IPR) proceeding in light of a
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`confidential settlement involving U.S. Patent No. RE45,550 (“the challenged
`
`patent”). The Board authorized the filing of this Joint Motion in an email dated
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`June 21, 2017. Because Petitioner is the only real-party-in-interest petitioning in
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`this proceeding, the settlement effectively resolves all disputes, and this entire
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`proceeding should be dismissed as to both Petitioner and Patent Owner. The parties
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`are filing, concurrently with this motion, a true copy of the confidential settlement
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`agreement as required by the statute.
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`II. STATEMENT OF REASONS FOR THE RELIEF REQUESTED
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`On June 19, 2017, Petitioner and Patent Owner reached a confidential
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`agreement resolving the dispute over this IPR proceeding. No other petitioners
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`remain in this IPR proceeding, and there are no related IPR proceedings. There are
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`no other agreements, oral or written, between the parties made in connection with,
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`or in contemplation of, the termination of the proceeding. Accordingly, termination
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`is appropriate because all disputes between the parties regarding the challenged
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`patent have been resolved.
`
`-1-
`
`
`
`Meras v. CH2O
`IPR2017-01000
`
`On March 22, 2017, the Board accorded a filing date to this proceeding. The
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`Board not issued a decision regarding the institution of trial. Accordingly,
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`termination is also appropriate because this proceeding has not yet been instituted.
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`Filed separately as Exhibit 3001 is a true copy of the written settlement
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`agreement. See 35 U.S.C. § 317(b); 37 C.F.R. § 42.74(b). The parties also are
`
`filing separately a request that the settlement agreement be treated as business
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`confidential information and be kept separate from the files of this proceeding in
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`accordance with 37 C.F.R. § 42.74(c).
`
`For at least these reasons, Patent Owner and Petitioner submit that
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`termination of this inter partes review is appropriate. Pursuant to 35 U.S.C.
`
`§ 317(a), because the inter partes review is being terminated with respect to the
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`Petitioner, no estoppel pursuant to 35 U.S.C. § 315(e) shall attach.
`
`
`
`Dated: June 22, 2017
`
`
`By: /Bridget A. Smith/
`Michelle E. Armond (Reg. No. 53,954)
`Bridget A. Smith (Reg. No. 63,574)
`
`KNOBBE, MARTENS, OLSON &
`BEAR, LLP
`
`Attorneys for Petitioner
`Meras Engineering, Inc.
`
`Respectfully submitted,
`
`
`By: /Thomas R. Rozylowicz/
`W. Karl Renner (Reg. No. 41,265)
`Thomas R. Rozylowicz
`(Reg. No.
`50,620)
`Andrew R. Kopsidas (Reg. No. 42,7590
`
`FISH & RICHARDSON, P.C.
`
`Attorneys for Patent Owner CH2O, Inc.
`
`-2-
`
`
`
`Meras v. CH2O
`IPR2017-01000
`
`CERTIFICATE OF SERVICE
`
`
`
`I hereby certify that, pursuant to 37 C.F.R. § 42.6(e), and with the agreement
`
`of counsel for the Patent Owner, a true and correct copy of JOINT MOTION TO
`
`TERMINATE PURSUANT TO 35 U.S.C § 317 AND 37 C.F.R. § 42.74 and
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`EXHIBIT 3001 are being served electronically on June 22, 2017, to the email
`
`addresses shown below:
`
`W. Karl Renner
`Thomas R. Rozylowicz
`Andrew R. Kopsidas
`Fish & Richardson, P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`IPR37904-0002IP1@fr.com
`PTABInbound@fr.com
`
`
`
`Dated: June 22, 2017
`
`
`
`26153324
`
`
`
`By: /Bridget A. Smith/
`Michelle E. Armond (Reg. No. 53,954)
`Bridget A. Smith (Reg. No. 63,574)
`Attorneys for Petitioner
`MERAS ENGINEERING, INC.
`
`
`
`-3-
`
`
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