BTL Medical Technologies S.R.O.

Patent Trials and Appeals Board

Jul 6, 2021

PGR2021-00024 (P.T.A.B. Jul. 6, 2021)

Trials@uspto.gov Paper 18
571-272-7822 Entered: July 6, 2021

UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE PATENT TRIAL AND APPEAL BOARD

ALLERGAN, INC., ALLERGAN LIMITED, ALLERGAN USA, INC.,
ZELTIQ AESTHETICS, INC., ZELTIQ IRELAND UNLIMITED
COMPANY, AND REMED CO. LTD.,
Petitioner,
v.
BTL HEALTHCARE TECHNOLOGIES A.S.,1
Patent Owner.

PGR2021-00022, PGR2021-00023 (Patent No. 10,709,894)
PGR2021-00024, PGR2021-00025 (Patent No. 10,695,576)
IPR2021-00296 (Patent No. 10,493,293)
IPR2021-00312 (Patent No. 10,478,634)

Before JOSIAH C. COCKS, MEREDITH C. PETRAVICK, and
DAVID COTTA, Administrative Patent Judges.

PETRAVICK, Administrative Patent Judge.

DECISION
Settlement Prior to Institution of Trial
37 C.F.R. § 42.74

1 Further to Patent Owner’s request, we have changed the case caption to
reflect that former patent owner BLT Medical Technologies S.R.O assigned
the ’894 patent to BLT Healthcare Technologies A.S. Paper 14
PGR2021-00022 (Patent No. 10,709,894)
PGR2021-00023 (Patent No. 10,709,894)
PGR2021-00024 (Patent No. 10,695,576)
PGR2021-00025 (Patent No. 10,695,576)
IPR2021-00296 (Patent No. 10,493,293)
IPR2021-00312 (Patent No. 10,478,634)

2
I. INTRODUCTION
Petitioner and Patent Owner jointly request that the above-referenced
post-grant review and inter partes review proceedings be terminated
pursuant to a settlement. On July 2, 2021, with our authorization
(Ex. 3002)2, in each proceeding, Petitioner filed a Joint Motion to Terminate
(Paper 15), a copy of a Confidential Binding Term Sheet (Ex. 1116)3
governing their settlement, and a Joint Request to Treat as Business
Confidential Information (Paper 16).
II. DISCUSSION
In the Joint Motion to Terminate, the parties represent that
they have reached an agreement to settle all pending litigation, including
these proceedings. Paper 15, 1. The parties also represent that the
Confidential Binding Term Sheet has been made in writing and that they
filed a true copy of the same as Exhibit 1116. Id. at 2; Paper 16, 1.
These proceedings are at an early stage, and we have not yet decided
whether to institute review. In view of the early stage of the proceedings
and the agreement between the parties to terminate the proceedings, we
determine that good cause exists to end the proceedings.

2 We reference the papers numbers in PGR2021-00022, which are
representative.
3 The Confidential Binding Term Sheet was filed as Exhibit 1116 in each
proceeding except for IPR2021-00296. In IPR2021-00296, the Confidential
Binding Term Sheet was filed as Exhibit 1103.
PGR2021-00022 (Patent No. 10,709,894)
PGR2021-00023 (Patent No. 10,709,894)
PGR2021-00024 (Patent No. 10,695,576)
PGR2021-00025 (Patent No. 10,695,576)
IPR2021-00296 (Patent No. 10,493,293)
IPR2021-00312 (Patent No. 10,478,634)

3
With respect to the parties’ Joint Request to Treat as Business
Confidential Information, we have reviewed the Confidential Binding Term
Sheet, and find the Confidential Binding Term Sheet contains confidential
business information regarding the terms of settlement. We determine that
good cause exists to treat the Confidential Binding Term Sheet as business
confidential information pursuant to 35 U.S.C. §§ 317(b)/327(b) and 37
C.F.R. § 42.74(c).
III. CONCLUSION
For the foregoing reasons, we grant the parties’ Joint Motion to
Terminate and Joint Request to Treat as Business Confidential Information.
This determination does not constitute final written decisions pursuant to 35
U.S.C. §§ 318(a) or 328(a).
IV. ORDER
Accordingly, it is:
ORDERED that the Joint Motion to Terminate is granted,
and each proceeding is terminated due to settlement prior to institution of
trial with respect to Petitioner and Patent Owner pursuant to 37 C.F.R.
§ 42.74; and
FURTHER ORDERED that the Confidential Binding Term Sheet
shall be kept separate from the files of the patents at issue in these
proceedings, and made available only to Federal Government agencies on
written request, or to any person on a showing of good cause, pursuant to 37
C.F.R. § 42.74(c).
PGR2021-00022 (Patent No. 10,709,894)
PGR2021-00023 (Patent No. 10,709,894)
PGR2021-00024 (Patent No. 10,695,576)
PGR2021-00025 (Patent No. 10,695,576)
IPR2021-00296 (Patent No. 10,493,293)
IPR2021-00312 (Patent No. 10,478,634)

4
FOR PETITIONER:
Anthony M. Insogna
Thomas W. Ritchie
Michael Oblon
JONES DAY
aminsogna@jonesday.com
twritchie@jonesday.com
moblon@jonesday.com

FOR PATENT OWNER:
Richard D. Coller III
Jon E. Wright
Richard M. Bemben
Lestin L. Kenton
Christian Camarce
STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
rcoller-ptab@sternekessler.com
jwright-ptab@sternekessler.com
rbemben-ptab@sternekessler.com
lkenton-ptab@sternekessler.com
ccamarce-ptab@sternekessler.com