`Tel: 571-272-7822
`
`Paper No. 14
`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 IPR2017-01640
`Patent 8,240,299 B2
`____________
`
`
`Before BARRY L. GROSSMAN, BART A. GERSTENBLITH, and
`SCOTT C. MOORE, Administrative Patent Judges.
`
`GROSSMAN, 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)
`Granting Joint Motion to Expunge
`37 C.F.R. § 42.7(a)
`
`
`
`
`
`IPR2017-01640
`Patent 8,240,299 B2
`
`
`Pursuant to our e-mail authorizations on October 13, 2017,
`
`November 7, 2017, and November 20, 2017, Petitioner, Ravin Crossbows,
`
`LLC, and Patent Owner, Precision Shooting Equipment, Inc., filed a
`
`corrected Joint Motion to Terminate Proceeding (Paper 10, “Joint Motion to
`
`Terminate”) and a Joint Motion to File Settlement Agreement as
`
`Confidential Business Information (Paper 13, “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 11,
`
`“Settlement Agreement”). The Settlement Agreement is also referred to as
`
`“Exhibit R1019.” See Joint Motion to Terminate, 4–5. There is no
`
`Exhibit R1019 in the record of this proceeding. Accordingly, we refer to
`
`Paper 11 as the Settlement Agreement. The Parties also filed a Joint Motion
`
`to Expunge the originally filed documents (Papers 7, 8, and 9), which refer
`
`in error to a related proceeding.
`
`In this proceeding, a Petition for Inter Partes Review of U.S. Patent
`
`No. 8,240,299 B2 (“the ’299 patent”) was filed on June 19, 2017 (“the
`
`Petition”). See Papers 1, 5. We have not rendered a decision on institution
`
`in this proceeding.
`
`In the Joint Motion to Terminate, the parties indicate that they have
`
`reached an agreement regarding all of their disputes involving
`
`the ’299 patent. Joint Motion to Terminate, 3–5. The parties’ settlement
`
`includes dismissing a related district court proceeding between the parties
`
`involving the ’299 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
`
`2
`
`
`
`IPR2017-01640
`Patent 8,240,299 B2
`
`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
`
`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 circumstances presented in
`
`this proceeding, we agree that termination 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 to Expunge Paper Nos. 7, 8 and 9
`
`(Paper 12) is granted;
`
`FURTHER ORDERED that the Joint Motion (Paper 13) that the
`
`Settlement Agreement (Paper 11) be treated as business confidential
`
`information and kept separate from the file of U.S. Patent No. 8,240,299 B2,
`
`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 10) is granted, and this proceeding is hereby terminated.
`
`3
`
`
`
`IPR2017-01640
`Patent 8,240,299 B2
`
`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
`
`William Cahill
`cahill@cvglaw.com
`
`
`
`
`
`4
`
`
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