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`571-272-7822
`Date Entered: July 15, 2019
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.,
`Petitioners
`
`v.
`
`OMNI MEDSCI, INC.,
`Patent Owner.
`____________
`
`Cases IPR2019-00912; IPR2019-00915
`Patent 9,885,698 B21
`____________
`
`
`
`
`Before BRIAN J. McNAMARA, JOHN F. HORVATH,
`and SHARON FENICK, Administrative Patent Judges
`
`McNAMARA, Administrative Patent Judge.
`
`
`ORDER AUTHORIZING FILING OF MOTION TO DISMISS
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`1 Each case involves the same patent. This order is to be filed in each case.
`The parties are not authorized to use this style heading in any subsequent
`papers.
`
`
`
`
`Case IPR2019-00912; IPR2019-00915
`Patent 9,885,698 B2
`
`
`In e-mail correspondence on June 25, 2019, the parties requested
`authorization to move to terminate the current proceedings because a
`settlement agreement had been reached concerning U.S. Patent 9,885,698 B2
`(“the subject patent”).
`The parties may agree to settle any issue in a proceeding pursuant to a
`written agreement, a copy of which shall be filed with the Board before
`termination of the trial. 37 C.F.R. § 42.74(a)-(b). Any 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 shall be in writing
`and a true copy of such agreement or understanding shall be filed in the
`Office before the termination of such proceeding as between the parties.
`35 U.S.C. § 317(b). Any such agreement should be filed as a separate
`exhibit.
`This matter is in the preliminary stage. Patent Owner has not filed a
`Patent Owner Preliminary Response. Under these circumstances, it may be
`appropriate to dismiss the proceeding.
`The parties are authorized to file a Joint Motion To Dismiss each
`proceeding. The Joint Motion To Dismiss must update the Board
`concerning the status of any litigation or proceeding, including, but not
`limited to proceedings in the U.S. Patent and Trademark Office, involving
`the subject patent, and advise the Board whether any litigation or proceeding
`involving the subject patent is contemplated in the foreseeable future. The
`Joint Motion To Dismiss also must include a copy of any agreement and
`include a statement certifying that there are no collateral agreements or
`
`
`
`2
`
`
`
`Case IPR2019-00912; IPR2019-00915
`Patent 9,885,698 B2
`
`
`understandings made in connection with, or in contemplation of, the
`termination of the proceeding.
`A party to a settlement may request that any written agreement be
`treated as business confidential information and be kept separate from the
`files of an involved patent. 35 U.S.C. § 317(b); 37 C.F.R. § 42.74(c). The
`request must be filed with the settlement. Id.
`It is ORDERED that the parties are authorized to file a Joint Motion
`To Dismiss the proceeding and a Joint Request That The Settlement
`Agreement Be Treated As Business Confidential Information.
`
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`3
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`
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`Case IPR2019-00912; IPR2019-00915
`Patent 9,885,698 B2
`
`
`
`PETITIONER:
`
`Jeffrey P. Kushan
`Ching-Lee Fukuda
`Kathi Cover
`Thomas A. Broughan III
`Sidley Austin LLP
`jkushan@sidley.com
`clfukuda@sidley.com
`kcover@sidley.com
`tbroughan@sidley.com
`
`PATENT OWNER:
`
`Thomas A. Lewry
`John S. LeRoy
`Robert C. J. Tuttle
`John M. Halan
`Christopher C. Smith
`BROOKS KUSHMAN P.C.
`OMSC0113IPR1@brookskushman.com
`tlewry@brookskushman.com
`jleroy@brookskushman.com
`rtuttle@brookskushman.com
`jhalan@brookskushman.com
`csmith@brookskushman.com
`
`
`
`4
`
`
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