`571-272-7822
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` Paper No. 13
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` Entered: April 17, 2018
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`WISELY PRODUCTS, LLC,
`Petitioner,
`
`v.
`
`TELEBRANDS CORP.,
`Patent Owner.
`_______________
`
`Case PGR2018-00003
`Patent 9,546,775
`_______________
`
`
`
`
`Before THOMAS L. GIANNETTI, GEORGIANNA W. BRADEN, and
`MONICA S. ULLAGADDI, Administrative Patent Judges.
`
`ULLAGADDI, Administrative Patent Judge.
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`
`
`
`
`DECISION
`Termination of the Proceeding
`
`37 C.F.R. § 42.74
`
`
`
`
`
`PGR2018-00003
`Patent 9,546,775
`
`
`I. BACKGROUND
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`Wisely Products, LLC (“Petitioner”) and Telebrands Corp. (“Patent Owner”)
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`filed a Joint Motion to Terminate Proceeding Pursuant to 35 U.S.C. § 327 and 37
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`C.F.R. § 42.74. Paper 11 (“Motion” or “Mot.”). The parties also filed a true copy
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`of a settlement agreement (“Agreement”). Exhibit 1029. Petitioner and Patent
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`Owner indicate that, pursuant to the Agreement, they have settled their dispute
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`regarding U.S. Patent No. 9,546,775. Mot. 1. The parties identified the
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`Agreement as business confidential information and requested that the Agreement
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`be kept separate from the patent file under 35 U.S.C. § 327(b) and 37 C.F.R. §
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`42.74(b)-(c). Paper 10, 2. The Board generally expects that a case “will terminate
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`after the filing of a settlement agreement, unless the Board has already decided the
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`merits.” Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,768 (Aug. 14,
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`2012); see 37 C.F.R. § 42.74. Here, an oral hearing has not been held and the
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`Board has not issued a final written decision. Under these circumstances, we
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`determine that it is appropriate to terminate this proceeding. See 37 C.F.R. §
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`42.74. We also determine that it is appropriate to treat the Agreement (Ex. 1029)
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`as business confidential information to be kept separate from the patent file. See
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`35 U.S.C. § 327(b).
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`
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`2
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`PGR2018-00003
`Patent 9,546,775
`
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`II. ORDER
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`In consideration of the foregoing, it is hereby:
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`ORDERED that the Joint Motion to Terminate Proceeding is granted;
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`FURTHER ORDERED that this proceeding is terminated as to all parties;
`
`and
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`FURTHER ORDERED that the request to treat the Agreement (Ex. 1029) as
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`business confidential information, kept separate from the patent file of U.S. Patent
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`No. 9,546,775 and made available only to Federal Government agencies on written
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`request, or to any person on a showing of good cause, under 35 U.S.C. § 327(b)
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`and 37 C.F.R. § 42.74(c), is granted.
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`
`
`FOR PETITIONER:
`
`Louis Klapp
`Louis.klapp@quarles.com
`
`Shen Wang
`Sw9442@yahoo.com
`
`Hao Tan
`Tanhao99@gmail.com
`
`FOR PATENT OWNER:
`
`Robert Maldonado
`rmaldonado@cooperdunham.com
`
`Tonia Sayour
`tsayour@cooperdunham.com
`
`Elana Araj
`earaj@cooperdunham.com
`
`
`
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`3
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`
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`PGR2018-00003
`PGR2018-00003
`Patent 9,546,775
`Patent 9,546,775
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`4
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