`571-272-7822
`
`
`
`
`Paper 8
`Date: March 4, 2019
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`QIDONG VISION MOUNTS MANUFACTURING CO., LTD.,
`Petitioner,
`
`
`v.
`
`
`VARIDESK LLC,
`Patent Owner.
`____________
`
`Case PGR2019-00020
`Patent 9,924,793
`____________
`
`
`
`Before JAMES A. TARTAL, CARL M. DEFRANCO, and
`MICHAEL L. WOODS, Administrative Patent Judges.
`
`WOODS, Administrative Patent Judge.
`
`
`
`
`DECISION
`Dismissing Petition Pursuant to Settlement
`37 C.F.R. § 42.71(a)
`
`
`
`
`
`
`
`
`PGR2019-00020
`Patent 9,924,793
`
`
`
`I. Introduction
`On February 21, 2019, Petitioner, Qidong Vision Mounts
`Manufacturing Co., Ltd., (“Petitioner”), and Patent Owner, Varidesk LLC
`(“Patent Owner”), (collectively referred to as “the parties”), filed a Joint
`Motion to Dismiss Proceeding Pursuant to 37 C.F.R. § 42.71(a). Paper 7
`(“Joint Motion to Dismiss”).1 Along with the Joint Motion to Dismiss, the
`parties filed a true copy of a Patent License, Settlement, and Release
`Agreement (Exhibit 1012, “Settlement Agreement”), as well as a Joint
`Request to Treat Settlement Documents as Business Confidential
`Information and to Keep Separate under 35 U.S.C. § 317(b) and 37 C.F.R.
`§ 42.74(c) (Paper 6 (“Joint Motion to Keep Confidential”)).
`
`II. Discussion
`In the Joint Motion to Dismiss, the parties represent that they have
`settled their dispute and have reached an agreement to dismiss this post grant
`review. Paper 6, 3. The parties further represent that the parties have
`reached settlement resolving their disputes. Id. at 3.
`This proceeding is at an early stage. Patent Owner has not filed a
`preliminary response and we have not yet decided whether to institute trial.
`In view of the early stage of this proceeding, and the settlement between the
`parties, we determine that it is appropriate to dismiss the petition and
`terminate the proceeding with respect to both parties. See 37 C.F.R.
`§ 42.71(a). Therefore, we grant the Joint Motion to Dismiss. This paper
`does not constitute a final written decision pursuant to 35 U.S.C. § 318(a).
`
`
`1 Filing of the Joint Motion to Dismiss was authorized in e-mail
`correspondence from Board personnel on February 19, 2019.
`2
`
`
`
`
`PGR2019-00020
`Patent 9,924,793
`
`
`
`III. Orders
`
`
`
`It is
`
`ORDERED that the Joint Motion to Dismiss (Paper 7) is granted, and
`
`the petition is hereby dismissed and the proceeding terminated; and
`
`FURTHER ORDERED that the Joint Motion to Keep Confidential
`(Paper 6) is also granted, and the Settlement Agreement (Ex. 1012) will be
`treated as business confidential information under 35 U.S.C. § 317(b) and
`37 C.F.R. § 42.74(c).
`
`
`
`
`
`
`
`
`
`
`
`3
`
`
`
`
`
`
`
`
`PGR2019-00020
`Patent 9,924,793
`
`For PETITIONER:
`
`Patrick J. McCarthy
`John Coy Stull
`GOODWIN PROCTER LLP
`pmccarthy@goodwinlaw.com
`jstull@goodwinlaw.com
`For PATENT OWNER:
`Adam R. Hess
`Tamatane J. Aga
`VENABLE LLP
`ARHess@venable.com
`TJAga@venable.com
`
`
`
`4
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
