`571-272-7822 Entered: October 4, 2018
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`AGILENT TECHNOLOGIES, INC.,
`Petitioner,
`
`v.
`
`THERMO FISHER SCIENTIFIC INC. and
`THERMO FISHER SCIENTIFIC (BREMEN) GMBH,
`Patent Owner.
`____________
`
`Cases
` IPR2018-00297 (Patent RE45,553 E)
`IPR2018-00298 (Patent RE45,386 E)
` IPR2018-00299 (Patent 7,230,232 B2)
` IPR2018-00313 (Patent RE45,386 E)
`____________
`
`Before MICHAEL R. ZECHER, JOHN F. HORVATH, and
`DANIEL J. GALLIGAN, Administrative Patent Judges.
`
`GALLIGAN, Administrative Patent Judge.
`
`
`
`
`DECISION
`Granting the Parties’ Joint Motions to Terminate
`35 U.S.C. § 317, 37 C.F.R. §§ 42.72 and 42.74
`
`
`
`IPR2018-00297 (Patent RE45,553 E) IPR2018-00298 (Patent RE45,386 E)
`IPR2018-00299 (Patent 7,230,232 B2) IPR2018-00313 (Patent RE45,386 E)
`
`
`I.
`
`DISCUSSION
`
`On October 3, 2018, with Board authorization, the parties filed in each
`
`of these proceedings a Joint Motion to Terminate1 along with what they
`
`indicate is a true copy of their settlement agreement.2 In the Joint Motions
`
`to Terminate, the parties represent that they have settled their disputes
`
`regarding the patents at issue in these proceedings.3 In each of these
`
`proceedings, the parties also request to have their settlement agreement
`
`treated as business confidential information and kept separate from the file
`
`of the involved patent pursuant to 35 U.S.C. § 317(b) and 37 C.F.R.
`
`§ 42.74(c).4
`
`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.” Further,
`
`under 35 U.S.C. § 317(b),
`
`[a]ny agreement or understanding between the patent owner and
`a petitioner, including any collateral agreements referred to in
`such agreement or understanding, made in connection with, or
`in contemplation of, the termination of an inter partes review
`under this section shall be in writing and a true copy of such
`agreement or understanding shall be filed in the Office before
`the termination.
`
`
`1 IPR2018-00297, Paper 32; IPR2018-00298, Paper 32; IPR2018-00299,
`Paper 27; IPR2018-00313, Paper 30.
`2 IPR2018-00297, Ex. 1045; IPR2018-00298, Ex. 1046; IPR2018-00299,
`Ex. 1045; IPR2018-00313, Ex. 1046.
`3 IPR2018-00297, Paper 32, 1; IPR2018-00298, Paper 32, 1; IPR2018-
`00299, Paper 27, 1; IPR2018-00313, Paper 30, 1.
`4 IPR2018-00297, Paper 33; IPR2018-00298, Paper 33; IPR2018-00299,
`Paper 28; IPR2018-00313, Paper 31.
`
`
`
`IPR2018-00297 (Patent RE45,553 E) IPR2018-00298 (Patent RE45,386 E)
`IPR2018-00299 (Patent 7,230,232 B2) IPR2018-00313 (Patent RE45,386 E)
`
`
`
`We instituted trial in each of these proceedings on June 18, 2018. A
`
`hearing in each proceeding is currently scheduled for March 13, 2019, and
`
`we have not yet entered a final written decision in any of the proceedings.
`
`Based on the circumstances of these proceedings, we determine that it is
`
`appropriate to terminate them without rendering any further decisions. See
`
`35 U.S.C. § 317; 37 C.F.R. §§ 42.72, 42.74.
`
`Accordingly, the Joint Motions to Terminate the above-identified
`
`proceedings and the parties’ requests to treat the settlement agreement as
`
`business confidential information are granted. As requested by the parties,
`
`the settlement agreement will be treated as business confidential information
`
`and will be kept separate from the file of the patent at issue in each
`
`proceeding. 35 U.S.C. § 317(b); 37 C.F.R. § 42.74(c). This paper does not
`
`constitute a final written decision pursuant to 35 U.S.C. § 318(a).
`
`II. ORDER
`
`Therefore, it is
`
`ORDERED that the parties’ requests that their settlement agreement
`
`be treated as business confidential information under 35 U.S.C. § 317(b) and
`
`37 C.F.R. § 42.74(c) are GRANTED;
`
`FURTHER ORDERED that the settlement agreement be kept separate
`
`from the files of U.S. Patent Nos. RE45,386 E, RE45,553 E, and 7,230,232
`
`B2; and
`
`FURTHER ORDERED that the parties’ Joint Motions to Terminate
`
`these proceeding are GRANTED, and these proceedings are hereby
`
`terminated.
`
`
`
`IPR2018-00297 (Patent RE45,553 E) IPR2018-00298 (Patent RE45,386 E)
`IPR2018-00299 (Patent 7,230,232 B2) IPR2018-00313 (Patent RE45,386 E)
`
`
`PETITIONER:
`
`Brian Buroker
`bburoker@gibsondunn.com
`
`David Glandorf
`dglandorf@gibsondunn.com
`
`Anne Brody
`abrody@gibsondunn.com
`
`
`
`
`
`
`PATENT OWNER:
`
`Adam Brausa
`abrausa@durietangri.com
`
`Matthew Becker
`mbecker@axinn.com
`
`David Ludwig
`dludwig@axinn.com
`
`Jeremy Lowe
`jlowe@axinn.com
`
`Sonal Mehta
`smehta@durietangri.com
`
`
`
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