`
`
`
`Trials@uspto.gov
`Tel: 571-272-7822
`
`
`
`
`Paper 9
`Entered: October 3, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`WEARABLE CONFIDENCE, LLC,
`Petitioner,
`
`v.
`
`3 PAK HOLDINGS, LLC,
`Patent Owner.
`____________
`
`Case IPR2017-01529
`Patent 8,898,812 B2
`____________
`
`Before JOSIAH C. COCKS, MICHAEL L. WOODS, and
`JASON W. MELVIN, Administrative Patent Judges.
`
`MELVIN, Administrative Patent Judge.
`
`
`
`
`ORDER
`Dismissing Petition
`37 C.F.R. § 42.71(a)
`
`
`
`
`Case IPR2017-01529
`Patent 8,898,812 B2
`
`
`Petitioner, Wearable Confidence, LLC, filed a Petition to institute
`inter partes review of claim 15 of U.S. Patent. No. 8,898,812 B2 pursuant to
`35 U.S.C. § 311. Paper 1. Patent Owner, 3 Pak Holdings, LLC, did not file
`a Preliminary Response. On September 8, 2017, the parties contacted the
`Board by email, seeking authorization to file a “joint motion to terminate the
`proceeding.” The Board instructed the parties that they were authorized to
`file a joint motion to dismiss the petition pursuant to 37 C.F.R. § 42.71(a).
`The parties filed a Joint Motion to Dismiss IPR Petition. Paper 8. In
`the Motion, the parties seek dismissal of the petition “without prejudice,”
`which they explain as “no estoppel under 35 U.S.C. § 315(e).” Paper 8, 1.
`The parties also seek “termination of this IPR proceeding.” Id.
`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”). And whether estoppel under 35 U.S.C.
`§ 315(e) applies to bar a future action by Petitioner is a question that would
`only have relevance in a hypothetical future case; it is not an issue that we
`need address here. We grant the parties’ request to dismiss the Petition, as
`authorized under 37 C.F.R. § 42.71(a).
`Accordingly, it is:
`ORDERED that the Motion to dismiss the Petition is granted; and
`FURTHER ORDERED that other relief sought in the Motion is
`dismissed as moot.
`
`
`
`
`
`
`
`2
`
`
`
`Case IPR2017-01529
`Patent 8,898,812 B2
`
`PETITIONER:
`
`Alper T. Ertas
`Steven J. Schwarz
`VENABLE LLP
`atertas@venable.com
`sjschwarz@venable.com
`
`
`PATENT OWNER:
`
`Mark B. Garred
`Matthew A. Newboles
`Stephen Z. Vegh
`mgarred@stetinalaw.com
`mnewboles@stetinalaw.com
`svegh@stetinalaw.com
`
`
`3
`
`
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