`
`
`
`Trials@uspto.gov
`Tel: 571-272-7822
`
`
`
`
`Paper 10
`Entered: October 5, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`SPIN MASTER LTD.,
`Petitioner,
`
`v.
`
`SPHERO, INC.,
`Patent Owner.
`____________
`
`Case IPR2017-01272
`Patent 9,211,920 B1
`____________
`
`Before PHILIP J. KAUFFMAN, HYUN J. JUNG, and
`JASON W. MELVIN, Administrative Patent Judges.
`
`MELVIN, Administrative Patent Judge.
`
`
`
`
`ORDER
`Dismissing Petition
`37 C.F.R. § 42.71(a)
`
`
`
`
`Case IPR2017-01272
`Patent 9,211,920 B1
`
`
`Petitioner, Spin Master Ltd., filed a Petition to institute inter partes
`review claims 1–3, 6–11, 13–18, and 21 of U.S. Patent. No. 9,211,920 B1
`pursuant to 35 U.S.C. § 311. Paper 2. Patent Owner, Sphero, Inc., filed a
`Preliminary Response on August 7, 2017. Paper 7. On September 28, 2017,
`the parties contacted the Board by email, seeking authorization to file a
`“motion to terminate the IPR pending before the Patent Trial and Appeal
`Board” and permission to file the parties’ settlement agreement under seal.
`The Board instructed the parties that they were authorized to file both a
`motion to dismiss the Petition and all agreements related to settlement of this
`proceeding.
`The parties filed a Joint Motion to Terminate Inter Partes Review.
`Paper 9. Because we have not instituted review, there is no IPR proceeding
`to terminate. Cf. 35 U.S.C. § 317 (applying to “[a]n inter partes review
`instituted under this chapter”). We interpret the parties’ motion as a request
`to dismiss the Petition, as we authorized. We grant that request, as
`authorized under 37 C.F.R. § 42.71(a). We also grant the request to treat the
`settlement agreement filed as Exhibit 2006 as business confidential
`information, as authorized under 37 C.F.R. § 42.74(c).
`Accordingly, it is:
`ORDERED that the Petition is dismissed; and
`FURTHER ORDERED that the settlement agreement (Ex. 2006) be
`treated as business confidential information and be kept separate from the
`files of U.S. Patent No. 9,211,920 B1.
`
`
`
`
`
`
`2
`
`
`
`Case IPR2017-01272
`Patent 9,211,920 B1
`
`PETITIONER:
`
`Jennifer C. Bailey
`Callie A. Pendergrass
`ERISE IP, P.A.
`jennifer.bailey@eriseip.com
`callie.pendergrass@eriseip.com
`
`PATENT OWNER:
`
`Steven S. Carlson
`Kevin M. Pasquinelli
`KASOWITZ BENSON TORRES LLP
`scarlson@kasowitz.com
`kpasquinelli@kasowitz.com
`
`3
`
`