`
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`
` Paper: 20
`
` Entered: January 17, 2018
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`BAYER CROPSCIENCE LP,
`Petitioner,
`v.
`EXOSECT LIMITED,
`Patent Owner.
`____________
`Case PGR2017-00018
`Patent 9,380,739 B2
`____________
`
`
`
`Before CHRISTOPHER L. CRUMBLEY, CHRISTOPHER M. KAISER,
`and MICHELLE N. ANKENBRAND, Administrative Patent Judges.
`
`KAISER, Administrative Patent Judge.
`
`
`
`
`
`
`
`
`
`ORDER
`Termination of the Proceedings
`35 U.S.C. § 327(a) and 37 C.F.R. § 42.72
`
`
`
`
`
`
`
`
`PGR2017-00018
`Patent 9,380,739 B2
`
`
`On January 15, 2018, the parties filed a Joint Motion to Terminate this
`proceeding pursuant to 35 U.S.C. § 327(a). Paper 18 (“Joint Motion to
`Terminate”). In addition, pursuant to 35 U.S.C. § 327(b) and 37 C.F.R.
`§ 42.74(c), the parties filed a copy of a Settlement Agreement, Paper 19,
`along with a Joint Request to Treat Settlement Agreement as Business
`Confidential Information and to Keep the Agreement Separate, Paper 20.
`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.” In
`this case, the Board instituted trial on October 11, 2017. Paper 9. By
`stipulation of the parties, the Patent Owner Response is not due until January
`29, 2018, and the Board has not yet decided the merits of the proceeding.
`Under 37 C.F.R. § 42.72, “[t]he Board may terminate a trial without
`rendering a final written decision, where appropriate, including . . . pursuant
`to a joint request under 35 U.S.C. . . . [§] 327(a).” After reviewing the Joint
`Motion to Terminate and the Settlement Agreement, we determine that it is
`appropriate to terminate the proceeding without rendering a final written
`decision. Therefore, the Joint Motion to Terminate is GRANTED.
`
`
`
`
`
`
`2
`
`
`
`
`
`
`PGR2017-00018
`Patent 9,380,739 B2
`
`
`Accordingly, it is
`ORDERED that the Joint Request to Treat Settlement Agreement as
`Business Confidential Information is GRANTED, and the Settlement
`Agreement will be kept separate from the patent files; and
`FURTHER ORDERED that the Joint Motion to Terminate is
`GRANTED and this proceeding is hereby TERMINATED.
`
`PETITIONER:
`
`Susan E. Shaw McBee
`David L. Vanik
`Stephanie R. Amoroso
`MCBEE MOORE WOODWARD & VANIK IP, LLC
`ptab-pgr@mmwvlaw.com
`dvanik@mmwvlaw.com
`samoroso@mmwvlaw.com
`PTAB-PGR@mmwvlaw.com
`
`Andrew S. Baluch
`SMITH BALUCH LLP
`andrew@baluchlaw.com
`
`
`
`PATENT OWNER:
`
`Deborah A. Sterling
`Robert W. Esmond
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`dsterlin-PTAB@skgf.com
`resmond-PTAB@skgf.com
`
`
`3
`
`
`
`
`
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