`TralSGeHsyno. gov
`
`571-272-7822
`
`Paper 9
`Date: January 27, 2025
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`LCY BIOTECHNOLOGY HOLDING,INC.,
`Petitioner,
`
`V.
`
`RADICI CHIMICAS._P.A.,
`Patent Owner.
`
`
`
`PGR2024-00044
`Patent 11,781,148 B2
`
`
`
`Before DEBORAH KATZ, SUSAN L. C. MITCHELL,and
`CYNTHIA M. HARDMAN,Administrative Patent Judges.
`
`KATZ, Administrative Patent Judge.
`
`DECISION
`Settlement Prior to Institution of Trial
`37 C.F.R. § 42.74
`
`
`
`PGR2024-00044
`Patent 11,781,148 B2
`
`I. INTRODUCTION
`
`With Board authorization, the parties filed a Joint Motion to
`
`Terminate Pursuant to 35 U.S.C. § 327 in the above-identified proceeding.
`
`(See Paper 6.) The parties also filed a confidential Settlement and Patent
`
`Assignment Agreement(“Settlement Agreement,” Ex. 1077). The parties
`
`jointly request that the Settlement Agreementbe treated as business
`
`confidential information, that it be maintained separate from the publicly
`
`available file, and that it be made available only to Federal Government
`
`agencies on written request, or to persons showing good cause on written
`
`request, pursuant to 35 U.S.C. § 327(b) and 37 C.F.R. § 42.74(c). (See
`
`Paper 7.)
`
`Il. DISCUSSION
`
`The parties’ Joint Motion to Terminate states that the parties have
`
`reachedsettlementto resolve their disputes and terminate with respect to this
`
`post-grant review and with respect to the subject patent, U.S. Patent
`
`11,781,148. (See Paper 6.) The Joint Motion to Terminate also indicates
`
`that the parties filed “[a] true and correct copy of the parties’ settlement
`
`agreement” as Exhibit 1077. (d. at 7.)
`
`A decision on whetherto institute a trial in this proceeding has not
`
`been issued. In view ofthe early stage of the proceeding and the settlement
`
`betweenthe parties, it is appropriate to dismiss the Petition and terminate the
`
`proceedings. Furthermore, after reviewing the parties’ Settlement
`
`Agreement, we find that it contains confidential business information
`
`regarding the terms of settlement, and good cause exists to treatit as
`
`business confidential information and to keep it separate from the file of the
`
`
`
`PGR2024-00044
`Patent 11,781,148 B2
`
`patent in the above captioned proceeding pursuant to 37 C.F.R. § 42.74(c).
`
`This Decision is not a final written decision under 35 U.S.C. § 328(a).
`
`Il. ORDER
`
`Accordingly, it is ORDEREDthat the Joint Motion to Terminate is
`
`granted, the Petition is dismissed, and the proceeding 1s terminated; and
`
`It is FURTHER ORDEREDthat the Joint Request To Treat
`
`Settlement Agreement As Business Confidential Information is granted and
`
`the Settlement Agreement shall be kept separate from thefile of the above-
`
`captioned proceeding and available only to Federal Government agencies on
`
`written request, or to any person on a showing of good cause, pursuant to 37
`
`CER. § 42.74(c).
`
`
`
`PGR2024-00044
`Patent 11,781,148 B2
`
`FOR PETITIONER:
`
`Mackenzie Martin
`Jessica Greenwald
`Dorian Ojemen
`John G. Flaim
`BAKER & McKENZIE LLP
`mackenzie.martin@bakermckenzie.com
`jessica.greenwald@bakermckenzie.com
`dorian.ojemen@bakermckenzie.com
`john.flaim@bakermckenzie.com
`
`FOR PATENT OWNER:
`
`Patrick Doody
`Robert M. Bedgood
`PILLSBURY WINTHROP SHAW PITTMAN LLP
`Patrick.doody@pillsburylaw.com
`robert.bedgood@pillsburylaw.com
`
`cu
`
`
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