Brinkmann Corporation v Coprecitec, S.L.

Patent Trial and Appeal Board

Apr 16, 2014

13310378 (P.T.A.B. Apr. 16, 2014)

Trials@uspto.gov Paper 20
571-272-7822 Date: April 16, 2014

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

BRINKMANN CORPORATION
Petitioner

v.

COPRECITEC, S.L.
Patent Owner

______________

Case IPR2013-00435
Patent 8,449,289

_____________

Before THOMAS L. GIANNETTI, BRYAN F. MOORE, and
GREGG I. ANDERSON, Administrative Patent Judges.

MOORE, Administrative Patent Judge.

ORDER
Termination of the Proceeding
37 C.F.R. § 42.73
IPR2013-00435
Patent 8,449,289

2

On April 11, 2014, the parties filed a joint motion to terminate this
proceeding, along with a true copy of their written settlement agreement, made in
connection with the termination of the instant proceeding, in accordance with
35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(b). Paper 18; Ex. 1010. The parties also
filed a joint request to have their settlement agreement treated as confidential
business information under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c). Paper
19.
The joint motion to terminate indicates that the settlement agreement
requires the parties to terminate this inter partes review and the related district
court actions involving U.S. Patent No. 8,449,289. Paper 18 at 2.
The Board instituted trial on October 29, 2013. Paper 6. At this juncture of
the proceeding, the Board does not have before it full briefing on the trial issues
and the Board has not entered a final decision.
Based on the facts of this case, it is appropriate to terminate this proceeding
without rendering a final written decision. See 35 U.S.C. § 317(a); 37 C.F.R.
§ 42.72.
It is
ORDERED that the joint motion to terminate IPR2013-00435 is granted;
FURTHER ORDERED that the proceeding is terminated; and
FURTHER ORDERED that the parties’ joint request that the settlement
agreement be treated as business confidential information kept separate from the
patent file, and made available only to Federal Government agencies on written
request, or to any person on a showing of good cause, pursuant to 35 U.S.C.
§ 317(b) and 37 C.F.R. § 42.74(c), is granted.

IPR2013-00435
Patent 8,449,289

3

For PETITIONER:
Gary A. Clark
Dennis J. Smith
SHEPPARD, MULLIN,
RICHTER & HAMPTON LLP
gclark@sheppardmullin.com
dsmith2@sheppardmullin.com

For PATENT OWNER:

Michael A. Morin
Andrew Vance
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, L.L.P.
michael.morin@finnegan.com
andrew.vance@finnegan.com
Coprecitec-IPR@finnegan.com