APTwater, Inc.v.ThinkVillage-Kerfoot, LLCDownload PDFPatent Trial and Appeal BoardJun 25, 201410602256 (P.T.A.B. Jun. 25, 2014) Copy Citation Trials@uspto.gov Paper 21 Tel: 571-272-7822 Entered: June 25, 2014 UNITED STATES PATENT AND TRADEMARK OFFICE _______________ BEFORE THE PATENT TRIAL AND APPEAL BOARD _______________ APTWATER, INC., Petitioner, v. THINKVILLAGE-KERFOOT, LLC Patent Owner. _______________ Case IPR2014-00132 (Patent 7,033,492 B2) Case IPR2014-00133 (Patent 7,537,706 B2)1 _______________ Before GRACE KARAFFA OBERMANN, MICHAEL J. FITZPATRICK, and SHERIDAN K. SNEDDEN, Administrative Patent Judges. OBERMANN, Administrative Patent Judge. JUDGMENT Termination of the Proceedings 1 This order addresses motions to terminate based on a settlement agreement that resolves both cases. We exercise our discretion to issue a single order to be entered in each case. The parties are not authorized to use this style heading in any filing. For ease of reference, paper numbers cited herein are to Case IPR2014- 00132. Case IPR2014-00132 (Patent 7,033,492 B2) Case IPR2014-00133 (Patent 7,537,706 B2) 2 37 C.F.R. § 42.73 On June 16, 2014, pursuant to 35 U.S.C. § 317(a), the parties filed a joint motion to terminate the proceedings. Paper 18. Accompanying the motion, the parties filed a true copy of a settlement agreement along with a joint request to treat the settlement agreement as business confidential, to be kept separate from the patent file pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74. Paper 19; Ex. 2001. The parties sought, and the Board granted, authorization for the filing of joint motions to terminate these proceedings and requests to file the settlement agreement as business confidential information. A decision to institute an inter partes review in this case was entered by the Board on May 15, 2014. An initial conference was held on June 17, 2014. No significant activity has occurred since entry of our decision to institute. Based on the facts of the case, it is appropriate to terminate the proceeding. Therefore, the joint motion to terminate the proceeding is granted. Accordingly, it is ORDERED that the parties’ joint request that the settlement agreement be treated as business confidential information, to be kept separate from the patent file, is granted; FURTHER ORDERED that the joint motion to terminate the proceeding is granted; and FURTHER ORDERED that the proceeding is terminated. Case IPR2014-00132 (Patent 7,033,492 B2) Case IPR2014-00133 (Patent 7,537,706 B2) 3 PETITIONER: Judy M. Mohr Susan L. Harlocker MCDERMOTT WILL & EMERY LLP jmohr@mwe.com sharlocker@mwe.com PATENT OWNER: A. Justin Poplin Curtis A. Vock LATHROP & GAGE LLP JPoplin@LathropGage.com CVock@LathropGage.com Copy with citationCopy as parenthetical citation
