`Tel: 571-272-7822
`
`Paper 14
`Entered: August 1, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`DYNACRAFT BSC, INC.,
`Petitioner,
`
`v.
`
`MATTEL, INC.,
`Patent Owner.
`
`Cases IPR2018-00038 (Patent 7,222,684 B2)
`IPR2018-00039 (Patent 7,950,978 B2)
`IPR2018-00040 (Patent 7,487,850 B2)
`
`
`
`
`
`
`
`
`
`Before BARRY L. GROSSMAN, MITCHELL G. WEATHERLY, and
`JAMES A. WORTH, Administrative Patent Judges.
`
`WEATHERLY, Administrative Patent Judge.
`
`ORDER
`Granting Joint Motion to Terminate Proceeding
`35 U.S.C. § 317(a) and 37 C.F.R. § 42.72
`
`The parties have requested that this trial be terminated pursuant to a
`
`settlement. On July 27, 2018, we authorized the parties via e-mail to file a
`
`joint request to terminate these proceedings and to file the settlement
`
`agreement as business confidential information under 37 C.F.R. § 42.74(c).
`
`The parties filed their joint motion in each of the above-referenced
`
`
`
`IPR2018-00038 (Patent 7,222,684 B2)
`IPR2018-00039 (Patent 7,950,978 B2)
`IPR2018-00040 (Patent 7,487,850 B2)
`
`proceedings on July 30, 2018. Paper 12.1 With their joint motions to
`
`terminate, the parties also filed a copy of a written settlement agreement that
`
`they request be kept confidential. Paper 12, 1; IPR2018-00038 and -00039,
`
`Ex. 1019; IPR2018-00040, Ex. 1008.
`
`We instituted trial in all three proceedings on April 17, 2017. Paper 7.
`
`The parties indicate that they have agreed to resolve all disputes between
`
`them related to the challenged patent. Paper 12, 1. “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. Patent Owner has not yet filed
`
`its Patent Owner Response in any proceeding, and the trials are in their early
`
`stages. Under these circumstances, we determine that it is appropriate to
`
`enter judgment and terminate the trial in each proceeding without rendering
`
`a final written decision. 37 C.F.R. § 42.72.
`
`Accordingly, it is
`
`ORDERED that the Joint Motion for Termination in each proceeding,
`
`Paper 12, is granted; and
`
`FURTHER ORDERED that the Confidential Settlement Agreement
`
`(IPR2018-00038 and -00039, Ex. 1019; IPR2018-00040, Ex. 1008) shall be
`
`treated as business confidential information and kept separate from the
`
`public record under the provisions of 35 U.S.C. § 317(b) and 37 C.F.R.
`
`§ 42.74(c).
`
`
`1 Except as otherwise noted, references to Paper and Exhibit numbers apply
`to all three proceedings.
`
`2
`
`
`
`IPR2018-00038 (Patent 7,222,684 B2)
`IPR2018-00039 (Patent 7,950,978 B2)
`IPR2018-00040 (Patent 7,487,850 B2)
`
`PETITIONER:
`
`Larry L. Saret
`Rachel N. Bach
`MICHAEL BEST & FRIEDRICH LLP
`llsaret@michaelbest.com
`jharrington@hbiplaw.com
`
`PATENT OWNER:
`
`John Hutchins
`BANNER AND WITCOFF, LTD
`jhutchins@bannerwitcoff.com
`
`3
`
`
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