`571.272.7822
`
`
`
`
`
` Paper No. 25
`Entered: October 21, 2019
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`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`RIDDELL, INC.,
`Petitioner,
`v.
`KRANOS IP II CORP.,
`Patent Owner.
`____________
`
`Case IPR2018-01164
`Patent 6,434,755 B1
`____________
`
`
`Before HYUN J. JUNG, JAMES A. TARTAL, and SCOTT C. MOORE,
`Administrative Patent Judges.
`
`TARTAL, Administrative Patent Judge.
`
`
`
` TERMINATION
`Due to Settlement After Institution of Trial
`35 U.S.C. § 317; 37 C.F.R. § 42.74
`
`
`
`
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`
`
`IPR2018-01164
`Patent 6,434,755 B1
`
`
`With our prior authorization, Riddell, Inc. (“Petitioner”) and
`Kranos IP II Corp. (“Patent Owner”), collectively “the parties,” filed a Joint
`Motion to Terminate Proceeding Pursuant to 35 U.S.C. § 317 and 37 C.F.R.
`§ 42.72 (“Motion” or “Mot.,” Paper 23), a Joint Request to Treat Settlement
`Agreement as Confidential Business Information (“Request,” Paper 24), and
`a copy of the written settlement agreement of the parties (“Settlement
`Agreement,” Ex. 2025). For the following reasons, the Motion and the
`Request are granted.
`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 the patent owner, unless the Office has decided
`the merits of the proceeding before the request for termination is filed.” It is
`also provided in 35 U.S.C. § 317(a) that, if no petitioner remains in the inter
`partes review, the Office may terminate the review. Additionally, the Board
`expects that a proceeding will terminate after the filing of a settlement
`agreement. See, e.g., Office Patent Trial Practice Guide, 77 Fed.
`Reg. 48,756, 48,768 (Aug. 14, 2012).
`We instituted trial in this proceeding, therefore, it is subject to
`termination under 37 C.F.R. § 42.72. See Paper 10. A final written decision
`has not been entered in this proceeding, and we have not decided yet the
`merits of this proceeding. Notwithstanding that this proceeding has moved
`beyond the preliminary stage, the parties have shown adequately that the
`termination of this proceeding is appropriate. The parties represent that the
`Settlement Agreement is a true and correct copy of the “complete agreement
`to terminate this proceeding.” Mot. 1. Based on the facts of this proceeding,
`and in view of the representations made by the parties in the Motion, we are
`
`2
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`IPR2018-01164
`Patent 6,434,755 B1
`
`persuaded that it is appropriate to terminate this proceeding with respect to
`both Petitioner and Patent Owner without rendering any further decisions.
`See Mot. 1–2; 37 C.F.R. §§ 42.5(a), 42.72. Therefore, the Motion and the
`Request are granted. This Order does not constitute a final written decision
`pursuant to 35 U.S.C. § 318(a).
`Accordingly, it is
`ORDERED that the joint request to treat the Settlement Agreement
`(Ex. 2025) as business confidential information and for it to be kept separate
`from the files of the involved patent under the provisions of 35 U.S.C.
`§ 317(b) and 37 C.F.R. § 42.74(c) is granted;
`FURTHER ORDERED that the Joint Motion to Terminate this
`proceeding is granted; and,
`FURTHER ORDERED that the above-identified proceeding is
`terminated with respect to both Petitioner and Patent Owner pursuant to
`35 U.S.C. § 317(a) and 37 C.F.R. § 42.72.
`
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`3
`
`
`
`IPR2018-01164
`Patent 6,434,755 B1
`
`For PETITIONER:
`
`Rodger Carreyn
`Andrew Dufresne
`PERKINS COIE LLP
`carreyn-ptab@perkinscoie.com
`dufresne-ptab@perkinscoie.com
`
`For PATENT OWNER:
`
`James Lukas
`Gary Jarosik
`Richard Harris
`Benjamin Gilford
`Callie Sand
`GREENBERG TRAURIG, LLP
`lukasj@gtlaw.com
`jarosikg@gtlaw.com
`harrisr@gtlaw.com
`gilfordb@gtlaw.com
`sandc@gtlaw.com
`
`
`
`4
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`
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