`571-272-7822
`
`
`
`
`
`
`Paper No. 9
`Entered: June 26, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MERAS ENGINEERING, INC.,
`Petitioner,
`
`v.
`
`CH2O, INC.,
`Patent Owner.
`____________
`
`Case IPR2017-01000
`Patent RE45,550
`____________
`
`
`
`Before JO-ANNE M. KOKOSKI, BRIAN P. MURPHY, and
`MICHELLE N. ANKENBRAND, Administrative Patent Judges.
`
`KOKOSKI, Administrative Patent Judge.
`
`
`TERMINATION
`Dismissing the Petition
`37 C.F.R. §§ 42.5(a), 42.71(a)
`
`
`
`IPR2017-01000
`Patent RE45,550
`
`
`On June 22, 2017, with Board authorization, the parties filed a joint
`motion to terminate this proceeding (Paper 7), along with what they indicate
`is a true copy of their written settlement agreement (Ex. 1022). The parties
`indicate in their joint motion that they have reached “a confidential
`settlement involving U.S. Patent No. RE45,550” that “effectively resolves
`all disputes, and this entire proceeding should be dismissed as to both
`Petitioner and Patent Owner.” Paper 7, 1. On the same day, the parties also
`filed a joint motion requesting that the settlement agreement be treated as
`business confidential information and kept separate from the file of U.S.
`Patent No. RE45,550. Paper 8.
`The instant proceeding is in the early stages, and a decision on
`whether to institute trial has not been made. The parties represent that
`“[t]here are no other agreements, oral or written, between the parties made in
`connection with, or in contemplation of, the termination of the proceeding.”
`Paper 7, 1. The parties further represent that Exhibit 1022 is a “true copy of
`the written settlement agreement.” Id. at 2. Under these circumstances, it is
`appropriate to dismiss the Petition for Inter Partes Review. This paper does
`not constitute a final written decision pursuant to 35 U.S.C. § 318(a).
`As requested by the parties (Paper 8), the settlement agreement will be
`treated as business confidential information and kept separate from the file
`of U.S. Patent No. RE45,550. 37 C.F.R. § 42.74(c).
`
`Accordingly, it is
`
`ORDERED that the joint motion to terminate the proceeding (Paper 7)
`is granted;
`
`
`
`
`2
`
`
`
`IPR2017-01000
`Patent RE45,550
`
`
`FURTHER ORDERED that the Petition for Inter Partes Review of
`the U.S. Patent No. RE45,550 is dismissed; and
`FURTHER ORDERED that the parties’ joint request (Paper 8) that
`the settlement agreement (Ex. 1022) be treated as business confidential
`information, to be kept separate from the patent file, is granted.
`
`
`PETITIONER:
`Michelle E. Armond
`Bridget A. Smith
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2mea@knobbe.com
`BoxMERAS@knobbe.com
`2bzs@knobbe.com
`
`
`PATENT OWNER:
`W. Karl Renner
`Thomas R. Rozylowicz
`Andrew R. Kopsidas
`FISH & RICHARDSON P.C.
`IPR37904-0002IP1@fr.com
`PTABInbound@fr.com
`
`
`
`
`
`
`
`
`3
`
`
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