`571-272-7822
`
`
`
`
`
`
`
`Paper 10
`Date: February 28, 2020
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MILWAUKEE ELECTRIC TOOL CORPORATION,
`Petitioner,
`
`v.
`
`BLACK & DECKER INC.,
`Patent Owner.
`____________
`
`PGR2020-00007
`Patent 10,389,139 B2
`____________
`
`
`
`Before BRIAN J. MCNAMARA, JEFFREY W. ABRAHAM,
`NABEEL U. KHAN, Administrative Patent Judges.
`
`KHAN, Administrative Patent Judge.
`
`
`
`
`DECISION
`Settlement Prior to Institution of Trial
` 37 C.F.R. § 42.74
`
`
`
`
`
`
`
`
`
`
`
`
`
`PGR2020-00007
`Patent 10,389,139 B2
`
`INTRODUCTION
`I.
`Petitioner and Patent Owner (collectively referred to as “the Parties”)
`have requested that the above-identified post-grant review proceeding be
`terminated pursuant to a settlement. In an email dated February 19, 2020,
`we authorized the Parties to a file joint motion to dismiss the above-
`identified proceeding. On February 20, 2020, the Parties filed a Joint
`Motion to Terminate the above-identified proceeding. See Paper 8 (“Joint
`Motion”), 1. Along with the Joint Motion, the Parties filed a Settlement
`Agreement (Ex. 1024), as well as a Joint Request to Treat the Settlement
`Agreement as Business Confidential Information pursuant to 35 U.S.C.
`§ 327(b) and 37 C.F.R. § 42.74(c) (Paper 9 (“Joint Request”)).
`II. DISCUSSION
`In the Joint Motion, the Parties represent that they have reached an
`agreement to jointly seek termination of this post-grant review proceeding,
`and that the filed copy of the Settlement Agreement is a true and complete
`copy. Joint Motion 1. The Parties further represent that their settlement
`agreement resolves all currently pending Patent Office proceedings between
`the Parties involving the ’139 patent. Id.
`This proceeding is at an early stage, and we have not yet decided
`whether to institute a trial in the proceeding. In view of the early stage of
`the proceeding and the settlement between the Parties, we determine that
`good cause exists to dismiss the petition and terminate the proceeding with
`respect to the Parties.
`The Parties also filed a Joint Request that the Settlement Agreement
`be treated as business confidential information and be kept separate from the
`file of the patent involved in this post-grant proceeding. Paper 9. We
`determine that good cause exists to treat the Settlement Agreement between
`
`2
`
`
`
`PGR2020-00007
`Patent 10,389,139 B2
`Petitioner and Patent Owner as business confidential information pursuant to
`35 U.S.C. § 327(b) and 37 C.F.R. § 42.74(c).
`This Order does not constitute a final written decision pursuant to 35
`U.S.C. § 328(a).
`
`III. ORDER
`Accordingly, for the reasons discussed above, it is:
`ORDERED that the Joint Motion to Terminate (Paper 8) is granted,
`and PGR2020-00007 is terminated with respect to Petitioner and Patent
`Owner pursuant to 37 C.F.R. § 42.72; and
`
`FURTHER ORDERED that the Joint Request (Paper 9) to Treat the
`Settlement Agreement (Exhibit 1024) as Business Confidential Information
`is granted, and the Settlement Agreement shall be kept separate from the file
`of Patent 10,387,139 B2, and made available only to Federal Government
`agencies on written request, or to any person on a showing of good cause,
`pursuant to 35 U.S.C. § 327(b) and 37 C.F.R. § 42.74(c).
`
`
`
`3
`
`
`
`PGR2020-00007
`Patent 10,389,139 B2
`FOR PETITIONER:
`
`Dion Bregman
`Jason White
`Alexander Stein
`MORGAN, LEWIS & BOCKIUS LLP
`dion.bregman@morganlewis.com
`jason.white@morganlewis.com
`alexander.stein@morganlewis.com
`
`
`FOR PATENT OWNER:
`
`Jack S. Barufka
`Benjamin L. Kiersz
`PILLSBURY WINTHROP SHAW PITTMAN LLP
`jack.barufka@pillsburylaw.com
`benjamin.kiersz@pillsburylaw.com
`
`4
`
`
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