`Trials@uspto.gov
`Entered: February 15, 2018
`Tel: 571-272-7822
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`ST. JUDE MEDICAL, LLC,
`Petitioner,
`v.
`THE REGENTS OF THE UNIVERSITY OF CALIFORNIA,
`Patent Owner.
`
`Case IPR2017-01338 (Patent 6,502,576)
`Case IPR2017-01339 (Patent 6,164,283)1
`
`
`
`
`
`
`
`
`
`
`Before PATRICK R. SCANLON, JAMES A. WORTH, and
`MICHAEL L. WOODS, Administrative Patent Judges.
`WORTH, Administrative Patent Judge.
`
`
`
`TERMINATION
`Dismissing the Petitions
`37 C.F.R. §§ 42.5(a), 42.71(a)
`
`
`After obtaining Board authorization, on February 14, 2018, the parties
`filed a “Joint Motion to Terminate Under 35 U.S.C. § 317(a) and 37 C.F.R.
`§ 42.74.” Paper 24.2 The parties state that there is no written settlement
`
`
`1 The same Order is entered in each proceeding.
`2 The motion appears as Paper 24 in each proceeding.
`
`
`
`IPR2017-01338 (Patent 6,502,576)
`IPR2017-01339 (Patent 6,164,283)
`
`agreement but have provided a copy of a stipulation which was filed in
`federal district court, and a corresponding order entering the stipulation in
`that court, attached as Exhibit A to Paper 24.
`We have not instituted trial in these proceedings. Thus, the
`proceedings are in their initial stages. The parties indicate that they have
`agreed to settle and to move to dismiss these proceedings so that they may
`litigate the issue of the validity of the patents-at-issue solely before the
`district court. Paper 24, 3. Under these circumstances, we determine that it
`is appropriate to dismiss the petitions. 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).
`
`
`Accordingly, it is
`ORDERED that the joint motion to terminate the proceedings is
`granted; and
`FURTHER ORDERED that the Petitions for Inter Partes Review of
`the above-referenced patents are dismissed.
`
`
`
`
`
`
`
`
`
`
`2
`
`
`
`IPR2017-01338 (Patent 6,502,576)
`IPR2017-01339 (Patent 6,164,283)
`
`
`
`PETITIONER:
`Matthew A. Smith
`SMITH BALUCH LLP
`smith@smithbaluch.com
`
`Zhuanjia Gu
`TURNER BOYD LLP
`gu@turnerboyd.com
`
`PATENT OWNER:
`
`Jonathan Lindsay
`Kainoa Asuega
`CROWELL & MORING LLP
`jlindsay@crowell.com
`kasuega@crowell.com
`
`
`
`3
`
`
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