`
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_____________
`
`BAYER CROPSCIENCE LP,
`Petitioner,
`
`v.
`
`EXOSECT LIMITED,
`Patent Owner.
`
`_______________
`
`Case No. PGR2017-00018
`Patent No. 9,380,739 B2
`_______________
`
`
`
`JOINT MOTION TO TERMINATE PROCEEDING
`PURSUANT TO 35 U.S.C. § 327 AND 37 C.F.R. §42.74
`
`
`
`
`
`
`
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`PGR2017-00018
`
`
`U.S. Pat. No. 9,380,739
`
`
`Pursuant to 35 U.S.C. § 327 and 37 C.F.R. § 42.74, Bayer CropScience LP
`
`(“Petitioner”) and Exosect, Ltd. (“Patent Owner”) jointly move to terminate this
`
`post grant review of U.S. Patent No. 9,380,739 (“the proceeding”). The Board
`
`authorized the parties to file this motion by email on January 11, 2018.
`
`Petitioner filed its petition for post grant review of the ‘739 Patent on April
`
`2, 2017 (Paper 2). There are no other petitioners in the proceeding. At the time of
`
`the Petition’s filing, there was a co-pending lawsuit in Canada with respect to the
`
`corresponding Canadian patent.
`
`The parties have agreed to a confidential settlement of their dispute. A
`
`Settlement Agreement, in accordance with 35 U.S.C. § 327(b) and 37 C.F.R. §
`
`42.74(b), is being submitted concurrently herewith as Exhibit 1095. There are no
`
`collateral agreements, oral or written, made between the parties to this Settlement
`
`Agreement, in connection with, or in contemplation of, the termination of the
`
`proceeding.
`
`With respect to the co-pending Canadian lawsuit, the parties are
`
`concurrently filing necessary papers to discontinue that action. There are currently
`
`no other lawsuits or proceedings involving the ‘739 Patent.
`
`
`
`2
`
`
`
`PGR2017-00018
`
`
`U.S. Pat. No. 9,380,739
`
`
`Submitted concurrently herewith is a joint request by Petitioner and Patent
`
`Owner that the Settlement Agreement be treated as business confidential
`
`information and be kept separate from the file of the involved patent, pursuant to
`
`35 U.S.C. § 327(b) and 37 C.F.R. § 42.74(c).
`
`Under 35 U.S.C. § 327(a), a post-grant review “instituted under this chapter
`
`shall be terminated with respect to any petitioner upon the joint request of the
`
`petitioner and the patent owner, unless the Office has decided the merits of the
`
`proceeding before the request for termination is filed.” Under 37 C.F.R.§ 42.74,
`
`“[t]he parties may agree to settle any issue in a proceeding …,” and under 37
`
`C.F.R. § 42.72, “[t]he Board may terminate a trial without rendering a final written
`
`decision, where appropriate ….”
`
`As the Board has not issued a final written decision and has not decided the
`
`ultimate merits of the proceeding, and as the parties are jointly requesting
`
`termination of the same, termination is proper in this case.
`
`
`
`
`
`
`
`3
`
`
`
`PGR2017-00018
`
`
`U.S. Pat. No. 9,380,739
`
`
`For the foregoing reasons, the parties jointly and respectfully request that the
`
`proceeding be terminated.
`
`Dated: January 15, 2018
`
`
`
`
`
`
`
`
`
`By: /Susan E. Shaw McBee/
`Reg. No. 39,294
`MCBEE MOORE WOODWARD &
`VANIK IP, LLC
`Counsel for Petitioner
`
`By: /Deborah Sterling/
`Reg. No. 62,732
`STERNE KESSLER GOLDSTEIN & FOX
`PLLC
`Counsel for Patent Owner
`
`
`
`4
`
`
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