`571-272-7822
`
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`
`
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` Paper No. 13
`
` Entered: May 11, 2018
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`PRIME WIRE & CABLE, INC.,
`Petitioner,
`
`v.
`
`TELEBRANDS CORP.,
`Patent Owner.
`_______________
`
`Case PGR2018-00010
`Patent 9,752,761
`_______________
`
`
`
`
`Before THOMAS L. GIANNETTI, GEORGIANNA W. BRADEN, and
`MONICA S. ULLAGADDI, Administrative Patent Judges.
`
`ULLAGADDI, Administrative Patent Judge.
`
`
`
`
`
`DECISION
`Termination of the Proceeding
`37 C.F.R. § 42.74
`
`
`
`
`
`PGR2018-00010
`Patent 9,752,761
`
`
`I. BACKGROUND
`
`Prime Wire and Cable, Inc. (“Petitioner”) and Telebrands Corp. (“Patent
`Owner”) filed a Joint Motion to Terminate Proceeding Pursuant to 35 U.S.C. § 327
`and 37 C.F.R. § 42.74. Paper 8. The parties also filed a Joint Motion to File
`Settlement Agreement as Business Confidential Information and to Keep Separate.
`Paper 9. Petitioner and Patent Owner indicate that, pursuant to the Agreement,
`they have settled their dispute regarding U.S. Patent No. 9,752,761. Paper 8, 1.
`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(b)-(c). Paper 9, 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. § 42.74. Here, the Board has
`not issued a Decision on Institution. Under these circumstances, we determine that
`it is appropriate to terminate this proceeding. See 37 C.F.R. § 42.74. We also
`determine that it is appropriate to treat the Agreement (Ex. 1055) as business
`confidential information to be kept separate from the patent file. See 35 U.S.C. §
`327(b).
`
`
`
`
`
`
`
`
`
`2
`
`
`
`PGR2018-00010
`Patent 9,752,761
`
`
`II. ORDER
`
`In consideration of the foregoing, it is hereby:
`ORDERED that the Joint Motion to Terminate Proceeding is granted;
`FURTHER ORDERED that this proceeding is terminated as to all parties;
`
`and
`
`FURTHER ORDERED that the request to treat the Agreement (Ex. 1055) as
`business confidential information, kept separate from the patent file of U.S. Patent
`No. 9,752,761 and made available only to Federal Government agencies on written
`request, or to any person on a showing of good cause, under 35 U.S.C. § 327(b)
`and 37 C.F.R. § 42.74(c), is granted.
`
`
`FOR PETITIONER:
`
`John K. Buche
`Bryce A. Johnson
`BUCHE & ASSOCIATES, P.C.
`jbuche@buchelaw.com
`bjohnson@buchelaw.com
`
`
`FOR PATENT OWNER:
`
`Robert T. Maldonado
`Tonia A. Sayour
`Elana B. Araj
`Benjamin Y. Han
`COOPER & DUNHAM LLP
`rmaldonado@cooperdunham.com
`tsayour@cooperdunham.com
`earaj@cooperdunham.com
`bhan@cooperdunham.com
`
`
`
`
`3
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`
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