`571-272-7822
`
`Paper 7
`Entered: August 27, 2018
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`TRICAM INDUSTRIES, INC.,
`Petitioner,
`
`v.
`
`WING ENTERPRISES, INC.,
`Patent Owner.
`____________
`
`Case IPR2018-01070
`Patent 7,364,017 B2
`____________
`
`
`Before SCOTT C. WEIDENFELLER, Vice Chief Administrative Patent
`Judge, CARL M. DEFRANCO, and JOHN P. PINKERTON, Administrative
`Patent Judges.
`
`DEFRANCO, Administrative Patent Judge.
`
`
`DISMISSAL OF PETITION
`37 C.F.R. § 42.71(a)
`
`On August 2, 2018, the parties filed a joint motion to terminate this
`
`proceeding. Paper 5. Along with the motion, the parties filed a copy of a
`written settlement agreement (Ex. 1010) and a request to treat the settlement
`agreement as business confidential (Paper 6).
`This proceeding is in a preliminary stage. The patent owner has yet to
`file a preliminary response to the petition, and we have yet to issue a
`
`
`
`IPR2018-01070
`Patent 7,364,017 B2
`
`decision on whether to institute inter partes review. The parties represent
`that they have resolved all disputes between them relating to the challenged
`patent, including “all patent-related claims and counterclaims” in the co-
`pending district court action, Wing Enterprises, Inc. dba Little Giant Ladder
`Systems v. Tricam Industries, Inc., Case No. 0:17-cv-01769 (D. Minn.).
`Paper 5, 2. The district court dismissed the patent-related claims and
`counterclaims “with prejudice” on July 30, 2018. Id. The parties further
`represent that “no other party’s rights will be prejudiced by the termination
`of this proceeding.” Id. Under these circumstances, we determine that it is
`appropriate to dismiss the petition. See 37 C.F.R. § 42.71(a). This paper
`does not constitute a final written decision pursuant to 35 U.S.C. § 318(a).
`Accordingly, it is
`ORDERED that the joint motion to terminate this proceeding is
`granted;
`FURTHER ORDERED that the petition for inter partes review of the
`challenged patent is dismissed; and
`FURTHER ORDERED that the joint request for the settlement
`agreement (Ex. 1010) to be treated as business confidential information and
`to be kept separate from the patent files is granted.
`
`
`
`2
`
`
`
`IPR2018-01070
`Patent 7,364,017 B2
`
`
`
`
`
`
`PETITIONER:
`Mike P. Gates
`Eric H. Chadwick
`PATTERSON THUENTE PEDERSEN, P.A.
`gates@ptslaw.com
`chadwick@ptslaw.com
`TricamIPR20181070@ptslaw.com
`
`
`PATENT OWNER:
`Mark A. Miller
`Bradley B. Jensen
`DORSEY & WHITNEY LLP
`miller.mark@dorsey.com
`jensen.brad@dorsey.com
`
`
`
`
`3
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
