`
`
`
`
`
`Trials@uspto.gov
`571-272-7822 Entered: March 14, 2019
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`PENTAIR WATER POOL AND SPA, INC.,
`Petitioner,
`
`v.
`
`AQUA LIGHTING TECHNOLOGIES, LLC,
`Patent Owner.
`____________
`
`Case IPR2019-00351
`Patent 6,616,291 B1
`____________
`
`
`Before CHRISTOPHER L. CRUMBLEY, JEFFREY W. ABRAHAM, and
`JOHN F. HORVATH, Administrative Patent Judges.
`
`ABRAHAM, Administrative Patent Judge.
`
`
`
`
`
`ORDER
`Dismissal of the Proceedings
`35 U.S.C. § 317(a) and 37 C.F.R. § 42.72
`
`
`
`On March 12, 2019, pursuant to 35 U.S.C. § 317(a), the parties filed a
`Joint Motion to Dismiss the Petition. Paper 7. Accompanying the Motion,
`the parties filed what they indicate is a true copy of a settlement agreement
`along with a Joint Request to treat the settlement agreement as confidential,
`
`
`
`
`
`
`
`IPR2019-00351
`Patent 6,616,291 B1
`
`to be kept separate from the patent file under 35 U.S.C. § 317(b) and 37
`C.F.R. § 42.74. Paper 8; Ex. 1044. We authorized the filing of these papers
`in an Order entered on March 1, 2019. Paper 6.
`These proceedings are at an early stage. Patent Owner has not yet
`filed a preliminary response, and the Board has not yet determined whether
`to institute trial. The parties represent that the settlement agreement resolves
`all disputes between them relating to U.S. Patent 6,616,291 B1. Paper 7, 1.
`Under these circumstances, we determine that it is appropriate to dismiss the
`petition. See 37 C.F.R. §§ 42.5(a), 42.71(a). This paper does not constitute
`a final written decision pursuant to 35 U.S.C. § 318(a).
`As requested by the parties, the settlement agreement will be treated
`as business confidential information and kept separate from the patent files.
`37 C.F.R. § 42.74(c).
`
`Accordingly, it is
`ORDERED that the Joint Motion to Dismiss the Petition in IPR2019-
`00351, is granted;
`FURTHER ORDERED that the parties’ Joint Request to have their
`settlement agreement treated as business confidential information, to be kept
`separate from the patent files, is granted; and
`FURTHER ORDERED that the Petition for Inter Partes Review in
`IPR2019-00351 is dismissed.
`
`
`
`
`
`
`2
`
`
`
`
`
`
`IPR2019-00351
`Patent 6,616,291 B1
`
`
`PETITIONER:
`
`Raye Daugherty
`raye.daugherty@quarles.com
`
`Joel Austin
`joel.austin@quarles.com
`
`Michael Curley
`michael.curley@quarles.com
`
`Nikia Gray
`nikia.gray@quarles.com
`
`PATENT OWNER:
`
`Robert Brunelli
`rbrunelli@sheridanross.com
`
`
`
`
`
`3
`
`
`
`
`
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