`Tel: 571-272-7822
`
`Paper No. 11
`Entered: November 21, 2017
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`RAVIN CROSSBOWS, LLC,
`Petitioner,
`
`v.
`
`PRECISION SHOOTING EQUIPMENT, INC.,
`Patent Owner.
`____________
`
`Case IPR2017-01549
`Patent 8,453,631 B1
`____________
`
`
`Before BARRY L. GROSSMAN, BART A. GERSTENBLITH, and
`SCOTT C. MOORE, Administrative Patent Judges.
`
`MOORE, Administrative Patent Judge.
`
`
`DECISION
`Granting Joint Motion to Terminate Proceeding
`35 U.S.C. § 317(a); 37 C.F.R. § 42.72
`Granting Joint Request to Treat Settlement Agreement
`as Business Confidential Information
`35 U.S.C. § 317(b); 37 C.F.R. § 42.74(c)
`
`
`
`
`
`
`
`IPR2017-01549
`Patent 8,453,631 B1
`
`
`Pursuant to our e-mail authorization on October 13, 2017, Petitioner,
`
`Ravin Crossbows, LLC, and Patent Owner, Precision Shooting Equipment,
`
`Inc., filed a Joint Motion to Terminate Proceeding (Paper 8, “Joint Motion to
`
`Terminate”) and a Joint Motion to File Settlement Agreement as
`
`Confidential Business Information (Paper 10, “Joint Motion re Business
`
`Confidential”). Pursuant to 37 C.F.R. § 42.74(b), the parties also filed what
`
`they represent is a true copy of their written settlement agreement (Paper 9,
`
`“Settlement Agreement”). The Settlement Agreement is also referred to as
`
`“Exhibit R1019.” See Joint Motion to Terminate, 5. There is no
`
`Exhibit R1019 in the record of this proceeding. Accordingly, we refer to
`
`Paper 9 as the Settlement Agreement.
`
`Petitioner’s Petition for Inter Partes Review of U.S. Patent
`
`No. 8,453,631 B1 (“the ’631 patent”) was filed on June 9, 2017 (“the
`
`Petition”). See Paper 1. In the Joint Motion to Terminate, the parties
`
`indicate that they now have reached an agreement settling all of their
`
`disputes involving the ’631 patent. Joint Motion to Terminate, 3–5. The
`
`parties’ settlement includes dismissing a related district court proceeding
`
`between the parties involving the ’631 patent. Id. at 2–3. The parties certify
`
`that the Settlement Agreement constitutes the entire understanding and
`
`agreement between the Parties, and that there are no other collateral
`
`agreements or understandings made in connection with, or in contemplation
`
`of, terminating this inter partes review. Id. at 4–5.
`
`Under 35 U.S.C. § 317(a), “[a]n inter partes review instituted under
`
`this chapter shall be terminated with respect to any petitioner upon the joint
`
`request of the petitioner and patent owner, unless the Office has decided the
`
`merits of the proceeding before the request for termination is filed.” The
`
`2
`
`
`
`IPR2017-01549
`Patent 8,453,631 B1
`
`parties indicate that termination as to both parties is appropriate here. As the
`
`parties note, we have not rendered a Final Written Decision on the merits.
`
`Joint Motion to Terminate, 4. Furthermore, we have not issued a decision
`
`on institution in this proceeding.
`
`In view of the early stage of this proceeding and the other
`
`circumstances present here, we agree that termination of this proceeding is
`
`appropriate. Indeed, there are strong public policy reasons to favor
`
`settlement between the parties to a proceeding. Office Patent Trial Practice
`
`Guide, 77 Fed. Reg. 48,756, 48,768 (Aug. 14, 2012). Accordingly, we
`
`determine that it is appropriate to terminate this proceeding without
`
`rendering a final written decision. See 37 C.F.R. § 42.72.
`
`Accordingly, it is:
`
`ORDERED that the Joint Motion (Paper 10) that the Settlement
`
`Agreement (Paper 9) be treated as business confidential information and
`
`kept separate from the file of U.S. Patent No. 8,453,631 B1, under the
`
`provisions of 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), is granted; and
`
`FURTHER ORDERED that the Joint Motion to Terminate Proceeding
`
`(Paper 8) is granted, and this proceeding is hereby terminated.
`
`
`
`
`
`
`
`3
`
`
`
`IPR2017-01549
`Patent 8,453,631 B1
`
`For PETITIONER:
`
`Derek Vandenburgh
`dvandenburgh@carlsoncaspers.com
`
`Jonathan Carpenter
`jcarpenter@carlsoncaspers.com
`
`Iain McIntyre
`imcintyre@carlsoncaspers.com
`
`
`
`For PATENT OWNER:
`
`Marvin Glazer
`mglazer@cvglaw.com
`
`Wiiliam Cahill
`cahill@cvglaw.com
`
`
`
`
`
`
`4
`
`
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