`Tel: 571-272-7822
`
`Paper8
`Entered: March 22, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`RTIC COOLERS, LLC,
`Petitioner,
`
`Vv.
`
`YETI COOLERS, LLC,
`Patent Owner.
`
`Cases!
`IPR2016-01176 (Patent 8,910,819)
`IPR2016-01207 (Patent 9,187,232)
`IPR2017-00468 (Patent 9,139,352)
`
`Before SCOTT A. DANIELS, JAMES A. TARTAL,and
`SCOTT C. MOORE,Administrative Patent Judges.
`
`DANIELS, Administrative Patent Judge.
`
`DECISIONS
`Joint Motions to Terminate Inter Partes Review
`35 US.C. $317 and 37 C.F.R. § 42.5
`
`' This Paper addresses issues that are the same in all three cases. Therefore,
`we exercise our discretion to issue one Paperto befiled in each case. The
`parties are not authorized to use this style heading for any subsequent
`papers.
`
`1
`
`
`
`IPR2016-01176 (Patent 8,910,819)
`IPR2016-01207 (Patent 9,187,232)
`IPR2017-00468 (Patent 9,139,352)
`
`On March 8, 2017, the parties filed in each of the above-captioned
`
`proceedingsa “Joint Motion to Terminate Proceeding Pursuant to 35 U.S.C.
`
`§ 317 and 37 C.F.R. § 42.74” (Paper 13), and “Joint Request to Treat
`
`Settlement Agreement as Business Confidential Information Pursuant to
`35 U.S.C. § 317 and 37 C.FR. § 42.74” (Paper 14).? Also, in accordance
`
`with the Boards authorization, the parties filed both true and redacted copies
`
`of their written settlement agreement (Exhibits 2001, 2002).
`
`Weinstituted trial in IPR2016-01176 on December 15, 2016, and in
`
`IPR2016-01207 on December 20, 2016. Noinstitution decision has been
`
`entered with respect to IPR2017-00468, and Patent Owner’s Response has
`
`not yet been filed in any of the cases. Thus, these proceeding are in their
`
`initial stages. The parties indicate the following with respect to their dispute
`
`involving U.S. Patent No. 8,910,819 B2 (“the ’819 patent’’):
`
`The parties have settled their disputes, and have agreed to
`terminate this inter partes review. A Settlement Agreement has
`been made in writing, and a true and correct copy of the
`Settlement Agreement is being filed concurrently herewith as
`Exhibit 2001. There are no other collateral agreements relating
`to the Settlement Agreement... [t]his inter partes reviewisstill
`in its early stages. The Board instituted this inter partes review
`on December 15, 2016, but Patent Owner has not filed a Patent
`Owner Response. The Patent Owner Response is not due until
`March9, 2017, andin light ofthe settlement one will not be filed.
`No motions to amend have been made and no depositions as a
`consequence of this proceeding have been taken. Given this
`
`? Except whereset out, this Orderrefers to the documents in IPR2016-
`01176. The corresponding paper numbers in IPR2016-01207 are, Papers 13,
`14, and in IPR2017-00468, Papers6, 7.
`3 The corresponding exhibit numbers in IPR2016-01207 are: Exhibits 2003,
`2004, and in IPR2017-00468, Exhibits 2001, 2002.
`
`
`
`IPR2016-01176 (Patent 8,910,819)
`IPR2016-01207 (Patent 9,187,232)
`IPR2017-00468 (Patent 9,139,352)
`
`early stage,
`proceeding.
`
`the Board has not decided the merits of the
`
`Paper 13. The parties provided similar statements with respect to IPR2016-
`
`01207 (Paper 13) and IPR2017-00468 (Paper 6). Under these
`
`circumstances, the same in each of the above-captioned cases, we determine
`
`that it is appropriate to terminate the proceedings. See 37 C.F.R. §§ 42.5(a),
`
`42.71(a). This paper does not constitute a final written decision pursuant to
`
`35 U.S.C. § 318(a).
`
`It is
`
`ORDEREDthatthe parties’ “Joint Motion to Terminate Proceeding
`
`Pursuant to 35 U.S.C. § 317 and 37 C.F.R. § 42.74”in each case is granted
`
`to the extent that proceedings IPR2016-01176, IPR2016-01207, and
`
`IPR2017-00468 are terminated;
`
`FURTHER ORDEREDthat the /nter Partes Review of the above-
`
`referenced patents are terminated; and
`
`FURTHER ORDEREDthat, as was requested timely by the parties
`the settlement agreements (IPR2016-01176, Exhibits 2001, 2002; IPR2016-
`01207, Exhibits 2003, 2004; IPR2017-00468, Exhibits 2001, 2002) will be
`
`treated as business confidential information under 35 U.S.C. § 317(b) and 37
`
`C.F.R. § 42.74(c), and shall retain their “Parties and Board Only”status in
`
`the PTAB E2E system.
`
`
`
`IPR2016-01176 (Patent 8,910,819)
`IPR2016-01207 (Patent 9,187,232)
`IPR2017-00468 (Patent 9,139,352)
`
`For PETITIONER:
`
`P. Weston Musselman,Jr.
`Ricardo J. Bonilla
`Fish & Richardson P.C.
`IPR42208-0002IP2@fr.com
`PTABInbound@fr.com
`
`For PATENT OWNER:
`
`Joseph J. Berghammer
`Christopher L. McKee
`Katie L. Becker
`BANNER& WITCOFF, LTD.
`jberghammer@bannerwitcoff.com
`cmckee@bannerwitcoff.com
`kbecker@bannerwitcoff.com
`
`
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