`571-272-7822
`
`Paper No. 13
`Date Entered: October 16, 2019
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.,
`Petitioner,
`
`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.
`
`
`DECISION
`Settlement Prior to Institution of Trial
`37 C.F.R. § 42.74
`
`
`
`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.
`
`
`
`
`IPR2019-00912; IPR2019-00915
`Patent 9,885,698 B2t
`
`
`The parties have requested that IPR2019-00912 and IPR2019-00915
`(“the Proceedings”) be terminated pursuant to a settlement. On July 15,
`2019 in each of the Proceedings the Board authorized the parties to file a
`Joint Motion To Dismiss and a Joint Request that the Settlement Agreement
`Be Treated As Business Confidential Information under 37 C.F.R. 42.74(c).
`Paper 82. On July 18, 2019 the parties filed a Joint Motion to Terminate,
`(Paper 9) and a Joint Request That The Settlement Agreement Be Treated
`As Business Confidential Information and Kept Separate (Paper 10). See
`35 U.S.C. § 317(a); 37 C.F.R. § 42.72. The parties also filed a copy of a
`written settlement agreement. Ex. 1057.
`A decision by the Board to institute a trial has not yet been entered in
`either of these proceedings. The parties have not identified any other related
`matters concerning U.S. Patent No. 9,885,698 B2 and have certified that
`there are no collateral agreements or understandings made in connection
`with, or in contemplation of, the termination of these proceedings. Under
`these circumstances, the Board determines that it is appropriate to dismiss
`these proceedings without rendering final written decisions.
`37 C.F.R. § 42.72.
`It is, therefore,
`ORDERED that in each of the Proceedings the joint motion to
`terminate the respective proceeding is GRANTED and the respective
`proceeding is hereby TERMINATED.
`FURTHER ORDERED that the parties’ joint request that the
`settlement agreement be treated as business confidential information which
`
`
`2 Unless otherwise specified, the cited Paper Number or Exhibit Number is
`the same in each proceeding.
`
`
`
`2
`
`
`
`IPR2019-00912; IPR2019-00915
`Patent 9,885,698 B2t
`
`shall be kept separate from the file 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 settlement agreement filed in each of
`the Proceedings be kept separate from the file of the involved patent.
`
`
`
`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
`
`
`
`3
`
`
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