`571.272.7822
`
`
`
`
`
` Paper No. 9
` Entered: August 22, 2017
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MYRIAD GENETICS, INC., MYRIAD GENETIC LABORATORIES,
`INC., BIO-RAD LABORATORIES, INC., AND RAINDANCE
`TECHNOLOGIES, INC.,
`Petitioner,
`
`v.
`
`THE JOHNS HOPKINS UNIVERSITY,
`Patent Owner.
`____________
`
`Case IPR2017-01102 (Patent 6,440,706 B1)
`Case IPR2017-01105 (Patent 8,859,206 B2)
`Case IPR2017-01106 (Patent 7,824,889 B2)
`Case IPR2017-01107 (Patent 7,915,015 B2)1
`____________
`
`
`
`Before BRIAN P. MURPHY, TINA E. HULSE, and RICHARD J. SMITH,
`Administrative Patent Judges.
`
`HULSE, Administrative Patent Judge.
`
`
`
`
`TERMINATION
`Dismissing the Proceeding
`37 C.F.R. § 42.5(a), 37 C.F.R. § 42.71(a)
`
`1 This decision addresses issues that are common to each of the above-
`referenced cases. We, therefore, issue a single decision that has been
`entered in each case.
`
`
`
`
`
`IPR2017-01102 (Patent 6,440,706 B1)
`IPR2017-01105 (Patent 8,859,206 B2)
`IPR2017-01106 (Patent 7,824,889 B2)
`IPR2017-01107 (Patent 7,915,015 B2)
`
` On August 16, 2017, the parties filed a joint motion to terminate the
`proceeding in each of the above-referenced cases under 35 U.S.C. § 317(a).
`Paper 7.2 The parties also filed a copy of a settlement agreement (Exhibit
`1050) along with a joint request to file the settlement agreement as business
`confidential information under 35 U.S.C. § 317(b) (Paper 8).
`Generally, the Board expects that a proceeding will terminate after the
`filing of a settlement agreement. See, e.g., Office Patent Trial Practice
`Guide, 77 Fed. Reg. 48756, 48768 (Aug. 14, 2012). These cases are in the
`preliminary proceeding stage, which begins with the filing of a petition and
`ends with a written decision as to whether trial will be instituted. See
`37 C.F.R. § 42.2. Based on the facts of each case, we determine that it is
`appropriate to dismiss each case without rendering a decision as to whether a
`trial will be instituted. Therefore, the joint motions to terminate the cases
`are GRANTED.
`Accordingly, it is
`ORDERED that the parties’ request that the settlement agreement be
`treated as business confidential information, to be kept separate from the
`patent file, is GRANTED;
`FURTHER ORDERED that the joint motions to terminate the above-
`referenced cases are GRANTED;
`FURTHER ORDERED that the Petitions for inter partes review in
`IPR2017-01102, IPR2017-01105, IPR2017-01106, and IPR2017-01107 are
`DISMISSED.
`
`2 Paper numbers and exhibits refer to those filed in IPR2017-01102. Similar
`papers and exhibits were filed in the other cases.
`
`2
`
`
`
`IPR2017-01102 (Patent 6,440,706 B1)
`IPR2017-01105 (Patent 8,859,206 B2)
`IPR2017-01106 (Patent 7,824,889 B2)
`IPR2017-01107 (Patent 7,915,015 B2)
`
`PETITIONER:
`
`Peter J. Armenio
`Anne S. Toker
`QUINN EMANUEL URQUHART & SULLIVAN LLP
`peterarmenio@quinnemanuel.com
`annetoker@quinnemanuel.com
`
`PATENT OWNER:
`
`Tina W. McKeon
`John C. Alemanni
`KILPATRICK TOWNSEND & STOCKTON LLP
`tmckeon@kilpatricktownsend.com
`jalemanni@kilpatricktownsend.com
`
`Benjamin C. Hsing
`BAKER & HOSTETLER, LLP
`bhsing@bakerlaw.com
`
`
`3
`
`
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