`571-272-7822 Entered: April 4, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`CATHWORKS LTD,
`Petitioner
`v.
`HEARTFLOW, Inc.,
`Patent Owner
`____________
`
`Case PGR2018-00006
`Patent No. 9,613,186 B2
`____________
`
`
`
`Before LORA M. GREEN, ULRIKE W. JENKS, and
`SUSAN L. C. MITCHELL, Administrative Patent Judges.
`
`JENKS, Administrative Patent Judge.
`
`
`
`
`TERMINATION
`Dismissing the Petition
`35 U.S.C. § 327 and 37 C.F.R. §42.71(a)
`
`
`
`
`
`
`
`
`PGR2018-00006
`Patent No. 9,613,186 B2
`
`
`On March 29, 2018, the parties filed a joint motion to terminate the
`proceeding and joint request to treat settlement and license agreement as
`business confidential of the post grant review of U.S. Patent No. 9,613,186
`B2. Paper 6 (“Motion” or “Mot.”). The parties also filed a true copy of the
`settlement and license agreement (“Agreement”). Ex. 2001. The parties
`identified the Agreement as business confidential information and requested
`that the Agreement be kept separate from the patent file under 35 U.S.C.
`§ 327(b) and 37 C.F.R. § 42.74(c). Mot. 4.1
`The Board generally expects that a case “will terminate after the filing
`of a settlement agreement, unless the Board has already decided the merits.”
`Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,768 (Aug. 14,
`2012); see 37 C.F.R. § 42.72. Here, the proceeding is still in its early stages
`as the Board has not issued a decision on institution. The parties indicate
`that, pursuant to the Agreement, they have settled their dispute regarding
`U.S. Patent No. 9,613,186 B2. Mot. 3. Moreover, the parties also indicate
`that they are not involved in any pending related litigation, and that there are
`no related proceedings currently before the office. Id. at 2‒3. Under these
`circumstances, we determine that it is appropriate to dismiss the petition.
`See 37 C.F.R. §§ 42.5(a), 42.71(a). This paper does not constitute a final
`written decision pursuant to 35 U.S.C. § 318(a).
`
`
`1 We note that the parties filed a single paper requesting termination and that
`the settlement agreement be treated as business confidential. See Paper 6.
`Although we will accept the single paper in this proceeding, we note that the
`better practice is to file the request to treat the settlement as business
`confidential as a separate paper.
`
`2
`
`
`
`PGR2018-00006
`Patent No. 9,613,186 B2
`
`
`In consideration of the foregoing, it is hereby:
`ORDERED that the joint motion to terminate post grant review of
`U.S. Patent No. 6,026,527” (Paper 6) is granted;
`FURTHER ORDERED that the Petition for post grant review of the
`above referenced patent is dismissed;
`FURTHER ORDERED that this proceeding is terminated to all
`parties; and
`FURTHER ORDERED that the requested to treat the Agreement
`(Ex. 2001) as business confidential information and be kept separate from
`the patent file under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c) is granted.
`PETITIONER:
`
`Jason A. Engel
`Alan L. Barry
`Kacy L. Dicke
`Dennis A. Majewski
`K&L GATES LLP
`Jason.Engel.ptab@klgates.com
`al.barry.ptab@klgates.com
`kacy.dicke@klgates.com
`dennis.majewski@klgates.com
`
`PATENT OWNER:
`Leslie I. Bookoff
`Lian Huang
`Christopher K. Agrawal
`Dinesh N. Melwani
`BOOKOFF MCANDREWS, PLLC
`Lbookoff@Bomcip.Com
`Cagrawal@Bomcip.Com
`Lhuang@Bomcip.Com
`Dmelwani@Bomcip.Com
`
`3
`
`
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