`571-272-7822
`
`
`
`
`
`Paper No. 12
`Entered: April 4, 2018
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`AMBRY GENETICS CORPORATION,
`Petitioner,
`
`
`
`v.
`
`THE JOHNS HOPKINS UNIVERSITY,
`Patent Owner.
`
`____________
`
`Case IPR2017-02086 (Patent 6,440,706 B1)
`Case IPR2017-02093 (Patent 7,824,889 B2)1
`____________
`
`Before LORA M. GREEN, TINA E. HULSE, and RICHARD J. SMITH,
`Administrative Patent Judges.
`
`GREEN, Administrative Patent Judge.
`
`
`
`
`
`
`
`
`ORDER
`Termination of the Proceedings After Institution
`35 U.S.C. § 317 and 37 C.F.R. § 42.72
`
`
`
`
`1 This order addresses issues common to each of the captioned cases. Thus, we
`issue a single order for entry in each case.
`
`
`
`IPR2017-02086 (Patent 6,440,706 B1)
`IPR2017-02093 (Patent 7,824,889 B2)
`
`
`The parties have requested that these trial proceedings be terminated
`pursuant to a settlement. In an email dated March 23, 2018, we authorized the
`parties to file a joint request to terminate and to file the settlement agreement as
`business confidential information under 37 C.F.R. § 42.74(c). IPR2017-02086,
`Ex. 1028; IPR2017-02093, Ex. 1032. On March 29, 2018, the parties filed joint
`motions to terminate, as well as a joint motion requesting that the joint settlement
`agreement be treated as business confidential information and sealed, in each
`proceeding. IPR2017-02086, Papers 10, 11; IPR2017-02093, Papers 10, 11; see
`also 35 U.S.C. § 317; 37 C.F.R. § 42.72. With their motion to terminate and seal,
`the parties also filed a copy of a written settlement agreement. IPR2017-02086,
`Ex. 1030; IPR2017-02093, Ex. 1034.
`Decisions by the Board to institute trial in these proceedings were entered on
`March 19, 2018. IPR2017-02086, Paper 7; IPR2017-02093, Paper 8. These
`matters, however, are in preliminary stages. The parties state that they have settled
`their dispute and have agreed to terminate these proceedings as well as the related
`district court litigation. IPR2017-02086, Paper 10, 1; IPR2017-02093, Paper 10, 1.
`Petitioner has also agreed to withdraw and no longer participate in IPR2017-02096
`and IPR2017-02095, in which we denied institution but the time for filing a
`rehearing request has not yet passed. IPR2017-02086, Paper 10, 2; IPR2017-
`02093, Paper 10, 2. Under these circumstances, we determine that it is appropriate
`to terminate the trials without rendering a final written decision. 37 C.F.R.
`§ 42.72.
`It is, therefore,
`ORDERED that the joint motion to terminate these proceedings is
`GRANTED and the proceedings are hereby terminated; and
`
`
`
`2
`
`
`
`IPR2017-02086 (Patent 6,440,706 B1)
`IPR2017-02093 (Patent 7,824,889 B2)
`
`
`FURTHER ORDERED that the parties’ joint requests that the settlement
`agreements be treated as business confidential information and shall be kept
`separate from the file of the involved patents under the provisions of 35 U.S.C.
`§ 317(b) and 37 C.F.R. § 42.74(c), is GRANTED.
`
`
`
`
`
`
`
`
`3
`
`
`
`IPR2017-02086 (Patent 6,440,706 B1)
`IPR2017-02093 (Patent 7,824,889 B2)
`
`PETITIONER:
`Bhanu Sadasivan
`bsadasivan@mwe.com
`
`Jacqueline Mahoney
`jfmahoney@mwe.com
`
`PATENT OWNER:
`Tina McKeon
`tmckeon@kilpatricktownsend.com
`
`John Alemanni
`jalemanni@kilpatricktownsend.com
`
`Benjamin Hsing
`bhsing@bakerlaw.com
`
`
`
`4
`
`
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