`571.272.7822
`
`Paper No. 15
`Filed: May 12, 2020
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`STEPHANIE BARNARD DESIGNS, INC.,
`Petitioner,
`
`V.
`
`ELLISON EDUCATIONAL EQUIPMENT,INC.,
`Patent Owner.
`
`IPR2020-00150
`Patent 9,079,325 B2
`
`Before MEREDITH C. PETRAVICK, PATRICK R. SCANLON,and
`SCOTT A. DANIELS,Administrative Patent Judges.
`
`SCANLON,Administrative Patent Judge.
`
`DECISION
`Settlement Priorto Institution of Trial
`37 C.F.R. § 42.74
`
`
`
`IPR2020-00150
`Patent 9,079,325 B2
`
`On May7, 2020, pursuant to our authorization, Petitioner, Stephanie
`
`Barnard Designs, Inc., and Patent Owner, Ellison Educational Equipment,
`
`Inc., filed a Joint Motion to Terminate this proceeding. Paper 13 (“Mot.”).
`
`With the Joint Motion,the parties filed a true and correct copy oftheir
`
`written settlement agreement memorializing the resolution of their disputes.
`
`Ex. 1035 (“Settlement Agreement’). The parties also filed a Joint Request
`
`that the Settlement Agreementbe treated as confidential business
`information under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c). Paper 14.
`In the Joint Motion, the parties represent that they have resolved their
`
`dispute in this proceeding. Mot. 1. Theparties also represent that they have
`
`resolved the only other dispute between them. Jd. (citing Ellison Educ.
`
`Equip., Inc. v. Stephanie Barnard Designs, Inc., 8:18-cv-02043).
`
`Furthermore, the parties represent that they have agreed to terminate this
`
`proceeding and havenoothercollateral agreements or understandings in
`
`connection with, or in contemplation of, the termination of this proceeding.
`
`Id. at 2.
`
`This proceedingis at an early stage, as the Board has not yet made a
`decision whetherto institute an inter partes review. Underthese
`
`circumstances, and in view ofthe parties’ representations in the Joint
`
`Motion, we determinethat it is appropriate to terminate this proceeding.
`
`Wealso determinethat it is appropriate that the Settlement Agreement
`
`be treated as confidential business information under 35 U.S.C. § 317(b) and
`
`37 C.F.R. § 42.74(c).
`
`
`
`IPR2020-00150
`Patent 9,079,325 B2
`
`Accordingly, it is:
`
`ORDEREDthatthe Joint Motion to Terminate is granted, and this
`
`proceeding is terminated; and
`
`FURTHER ORDEREDthatthe parties’ Joint Request is granted, and
`
`the Settlement Agreement (Exhibit 1035) be treated as confidential business
`
`information and kept separate from the patentfile.
`
`
`
`IPR2020-00150
`Patent 9,079,325 B2
`
`PETITIONER:
`
`Bobby W.Braxton
`Gregory Perrone
`BRAXTON PERRONE, PLLC
`braxton@pbraxtonperrone.com
`perrone@braxtonperrone.com
`
`PATENT OWNER:
`
`Douglas Hahn
`dhahn@sycr.com
`
`Andrew McCoy
`Andrew.mccoy.ptab@faegredrinker.com
`
`
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