`571.272.7822
`
`
`
` Paper No. 15
`
` Entered: November 8, 2018
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MONAGHAN MEDICAL CORP.,
`Petitioner,
`
`v.
`
`SMITHS MEDICAL ASD, INC.,
`Patent Owner.
`____________
`
`IPR2018-01466, Patent 7,059,324 B2
`IPR2018-01481, Patent 6,581,598 B1
`____________
`
`
`
`Before SCOTT A. DANIELS, TIMOTHY J. GOODSON, and
`ALYSSA A. FINAMORE, Administrative Patent Judges.
`
`FINAMORE, Administrative Patent Judge.
`
`
`
`
`ORDER
`Granting Joint Motion to Terminate Proceeding Due to
`Settlement before Institution Decision and
`Granting Joint Request to File Settlement Agreement as
`Business Confidential Information
`37 C.F.R. § 42.74
`
`
`
`
`
`
`
`IPR2018-01466, Patent 7,059,324 B2
`IPR2018-01481, Patent 6,581,598 B1
`
`
`INTRODUCTION
`I.
`In each of the above-referenced inter partes review proceedings,
`Petitioner and Patent Owner jointly request that the respective proceeding be
`terminated pursuant to a settlement. On October 24, 2018, with our
`authorization, the parties filed a Joint Motion to Terminate Proceeding
`(Paper 13, “Joint Motion”), a copy of a Confidential Settlement Agreement
`(Ex. 1019, “Settlement Agreement”), and a Joint Request to File Settlement
`Agreement as Business Confidential Information (Paper 14, “Joint
`Request”). 1
`
`
`II. DISCUSSION
`In the Joint Motion, the parties represent that they have reached an
`agreement to jointly request termination of the inter partes review
`proceeding, and that the filed copy of the Settlement Agreement is a true and
`correct copy. Joint Mot. 1–2. 2 The parties further represent that their
`Settlement Agreement resolves the related district court litigation, as well as
`the related inter partes review proceeding, IPR2018-01481. Id. at 1.
`Each of these proceedings is at an early stage, and we have not yet
`decided whether to institute an inter partes review in either proceeding. In
`view of the early stage of the proceedings and the settlement between the
`parties, we determine that good cause exists to terminate the proceedings.
`
`
`1 The parties filed similar papers in both proceedings. We cite to
`IPR2018-01466 as exemplary.
`2 The Joint Motion does not include page numbers. We refer to the pages of
`the Joint Motion as consecutively numbered, beginning with the page
`following the cover page as page 1.
`
`2
`
`
`
`IPR2018-01466, Patent 7,059,324 B2
`IPR2018-01481, Patent 6,581,598 B1
`
`
`With respect to the parties’ Joint Request, we have reviewed the
`Settlement Agreement and find that the Settlement Agreement contains
`confidential business information regarding the terms of settlement. We
`determine that good cause exists to treat the Settlement Agreement as
`business confidential information pursuant to 37 C.F.R. § 42.74(c).
`
`
`III. CONCLUSION
`For the foregoing reasons, we grant the parties’ Joint Motion and Joint
`Request in each proceeding. This determination does not constitute a final
`written decision pursuant to 35 U.S.C. § 318(a).
`
`
`IV. ORDER
`
`Accordingly, it is:
`ORDERED that the Joint Motion to Terminate in each proceeding is
`granted, and IPR2018-01466 and IPR2018-01481 are terminated;
`
`FURTHER ORDERED that the Joint Request to File the Settlement
`Agreement as Business Confidential Information in each proceeding is
`granted, and the Settlement Agreement in each proceeding shall be kept
`separate from the respective file of U.S. Patent No. 7,059,324 B2 and U.S.
`Patent No. 6,581,598 B1, and made available only to Federal Government
`agencies on written request, or to any person on a showing of good cause,
`pursuant to 37 C.F.R. § 42.74(c).
`
`
`
`
`
`
`
`
`
`3
`
`
`
`IPR2018-01466, Patent 7,059,324 B2
`IPR2018-01481, Patent 6,581,598 B1
`
`For PETITIONER:
`David Linder
`dlinder@brinksgilson.com
`
`William Frankel
`wfrankel@brinksgilson.com
`
`For PATENT OWNER:
`Jeremy D. Peterson
`jeremy.peterson@morganlewis.com
`
`John D. Zele
`john.zele@morganlewis.com
`
`
`
`
`
`4
`
`
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
