`571-272-7822
`
`
`
`
`
`Paper 10
`
` Date: December 3, 2020
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`TRUTEK CORP.,
`Petitioner,
`
`v.
`
`MATRIXX INITIATIVES, INC.,
`Patent Owner.
`____________
`
`PGR2021-00005
`Patent 10,736,931 B2
`____________
`
`Before ERICA A. FRANKLIN, ULRIKE W. JENKS, and
`SUSAN L. C. MITCHELL, Administrative Patent Judges.
`
`FRANKLIN, Administrative Patent Judge.
`
`JUDGMENT
`Dismissing the Petition and Terminating the Proceeding
`37 C.F.R. §§ 42.71(a), 42.72, 42.74
`
`
`
`PGR2021-00005
`Patent 10,736,931 B2
`With authorization of the Board, the parties filed a joint motion to
`dismiss the petition. Paper 7. The parties explain that dismissal is
`appropriate because they have reached an agreement that “completely
`resolves all pending controversies between the Patent Owner and the
`Petitioner concerning [US Patent 10,736,931 B2].” Id. at 2.
`The parties have filed a true copy of their written settlement
`agreement, Paper 8, and they “certify that there are no other agreements or
`understandings, oral or written, between them, including any collateral
`agreements, made in connection with, or in contemplation of, the dismissal
`of the present proceeding as set forth in 35 U.S.C. § 327(b),” Paper 7, 2. In
`the joint motion, the parties explain also that a joint motion to dismiss the
`related district court litigation, Trutek Corp. v. Matrixx Initiatives, Inc., Case
`No. 3:19-cv-17647-BRM-ZNQ (D.N.J. Sept. 5, 2019), is being filed in light
`of the settlement. Paper 7, 3–4.
`The parties correctly note that a Decision on Institution for this
`proceeding has not been entered and the merits of the proceeding have not
`been decided. Id. at 3.
`Based on the foregoing, pursuant to 37 C.F.R. §§ 42.71(a), 42.72, and
`42.74, we determine that it is appropriate to dismiss the petition and
`terminate the proceeding.
`Additionally, the parties filed a joint request that the settlement
`agreement be treated as business confidential information and kept separate
`from the file of the involved patent. Paper 9. Pursuant to 35 U.S.C § 327(b)
`and 37 C.F.R. § 42.74, that request is granted also.
`
`
`
`
`
`
`2
`
`
`
`PGR2021-00005
`Patent 10,736,931 B2
`
`
`
`
`ORDER
`In accordance with the foregoing, it is hereby:
`ORDERED that the joint motion to dismiss the petition is granted;
`FURTHER ORDERED that the joint request for the settlement
`agreement, Paper 8, to be treated as business confidential information and
`kept separate from the file of the involved patent under the provisions of 35
`U.S.C. § 327(b) and 37 C.F.R. § 42.74(c) is granted; and
`FURTHER ORDERED that the proceeding is terminated.
`
`
`
`PETITIONER:
`
`Stanley Kremen
`uspto@patentsgroup.com
`
`
`PATENT OWNER:
`
`Michael Dokhanchy
`Reza.dokhanchy@kirkland.com
`
`
`
`
`
`3
`
`
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