`571-272-7822
`
`Paper 9
`Date: September 7, 2021
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`ARGOS USA LLC, DOLE FOOD COMPANY, INC., THE GILLETTE
`COMPANY, LLC, MILACRON LLC, PLY GEM INDUSTRIES, INC.,
`REVLON CONSUMER PRODUCTS CORPORATION, CALPINE
`CORPORATION, WATTS WATER TECHNOLOGIES, INC., LIBERTY
`MUTUAL INSURANCE COMPANY, INTERNATIONAL PAPER
`COMPANY, STATE INDUSTRIAL PRODUCTS CORP., BASSETT
`FURNITURE INDUSTRIES, INC.,
`Petitioner,
`
`v.
`
`GUADA TECHNOLOGIES LLC,
`Patent Owner.
`
`IPR2021-00771
`Patent 7,231,379
`
`
`
`
`
`
`
`
`
`Before MIRIAM L. QUINN, KIMBERLY McGRAW, and
`MATTHEW J. McNEILL, Administrative Patent Judges.
`
`McNEILL Administrative Patent Judge.
`
`DECISION
`Settlement Prior to Institution of Trial and
`Granting Joint Request to Treat Settlement Agreements as
`Business Confidential Information
`35 U.S.C. § 317; 37 C.F.R. § 42.74
`
`
`
`
`
`
`
`
`
`IPR2021-00771
`Patent 7,231,379
`
`On August 17, 2021, the parties contacted the Board by email to
`
`request authorization to file a joint motion to terminate this proceeding
`
`pursuant to settlement agreements and a joint request to keep the settlement
`
`agreements confidential. In an email sent on August 23, 2021, the Board
`
`authorized the parties to file a motion to terminate the above-captioned
`
`proceeding and a request to keep the settlement agreements confidential.
`
`On August 30, 2021, the parties filed a Joint Motion to Terminate.
`
`Paper 7. The parties concurrently filed a joint request to treat the settlement
`
`agreements as business confidential information, and for the agreements to
`
`be kept separate from the patent file, pursuant to 35 U.S.C. § 317(b) and
`
`37 C.F.R. § 42.74(c) (Paper 8), along with a copy of the written settlement
`
`agreements (Ex. 1030). The parties represent that Exhibit 1030 is a true and
`
`complete copy of their settlement agreements. Paper 8, 1. The parties also
`
`represent that there are no other collateral agreements between the parties
`
`made in connection with, or in contemplation of, the termination. Paper 7, 2.
`
`Generally, the Board expects that a proceeding will terminate after the
`
`filing of a settlement agreement, if the settlement agreement includes all
`
`parties to the proceeding and unless the Board has already decided the merits
`
`of the proceeding. See, e.g., Office Patent Trial Practice Guide, 77 Fed. Reg.
`
`48,756, 48,768 (Aug. 14, 2012). The parties filed such settlement
`
`agreements. Ex. 1030. Moreover, this proceeding is at a preliminary stage
`
`and the merits have not yet been decided. Under these circumstances, we
`
`determine that it is appropriate to terminate this proceeding.
`
`After reviewing the parties’ settlement agreements, we find that the
`
`settlement agreement contains business confidential information regarding
`
`terms of the settlement and good cause exists to treat the settlement
`
`agreements as business confidential information pursuant to 37 C.F.R.
`
`2
`
`
`
`IPR2021-00771
`Patent 7,231,379
`
`§ 42.74(c).
`
`Accordingly, it is
`
`ORDERED that the Joint Motion to terminate IPR2021-00771 (Paper
`
`7) as to both Petitioner and Patent Owner is granted;
`
`FURTHER ORDERED that the joint request (Paper 8) to treat the
`
`parties’ settlement agreements (Ex. 1030) as business confidential
`
`information under 37 C.F.R. § 42.74(c), and for the agreements to be kept
`
`separate from the patent file in the above-captioned proceeding, is granted;
`
`and
`
`FURTHER ORDERED that the Petition is dismissed under 37 C.F.R.
`
`§ 42.71(a), and this proceeding is terminated.
`
`3
`
`
`
`IPR2021-00771
`Patent 7,231,379
`
`FOR PETITIONER:
`
`Joshua A. Griswold
`Ricardo J. Bonilla
`FISH & RICHARDSON P.C.
`griswold@fr.com
`rbonilla@fr.com
`
`
`FOR PATENT OWNER:
`
`Sanjay Pant
`PRA LAW
`spant@pralawllc.com
`
`
`Gautham Bodepudi
`gbodepudi@outlook.com
`
`4
`
`
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