Cardiocom, Inc.v.University of RochesterDownload PDFPatent Trial and Appeal BoardFeb 20, 201409793191 (P.T.A.B. Feb. 20, 2014) Copy Citation Trial@uspto.gov 571-272-7822 Paper No. 28 Date Entered: February 20, 2014 UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ CARDIOCOM, INC. Petitioner v. UNIVERSITY OF ROCHESTER Patent Owner ____________ Case IPR2013-00320 Patent 6,612,985 ____________ Before STEPHEN C. SIU, BRIAN J. McNAMARA, and RAMA G. ELLURU, Administrative Patent Judges. McNAMARA, Administrative Patent Judge. JUDGMENT TERMINATION OF THE PROCEEDING 37 C.F.R. § 42.73 Case IPR2013-00320 Patent 6,612,985 B2 2 The parties have requested that this trial proceeding be terminated pursuant to a settlement. On January 24, 2014, the Board authorized the parties to file a Joint Motion To Terminate and a Joint Request to File the Settlement Agreement as Business Confidential Information under 37 C.F.R. 42.74(c). Paper 22. On February 3, 2014 the parties filed a Joint Motion To Terminate And To Seal, Papers 24, 25. See 35 U.S.C. § 317(a); 37 C.F.R. § 42.72. With their motion to terminate and seal the parties also filed a copy of a written settlement agreement. Ex. 1012. A decision by the Board to institute a trial was entered on November 19, 2014. Paper 12. The parties have identified other related matters that remain pending. However, this trial was in the preliminary stages at the time the parties moved to terminate. No substantive papers have been filed since the Decision to Institute was entered. Under these circumstances, the Board determines that it is appropriate to enter judgment 1 and terminate the trial without rendering a final written decision. 37 C.F.R. § 42.72. It is, therefore, ORDERED that the joint motion to terminate the proceeding is GRANTED and the proceeding is hereby terminated; FURTHER ORDERED that the parties’ joint motion that the settlement agreement be treated as business confidential information which shall be kept separate from the file of the involved patents under the provisions of 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), is GRANTED. 1 A judgment means a final written decision by the Board, or a termination of a proceeding. 37 C.F.R. § 42.2. Case IPR2013-00320 Patent 6,612,985 B2 3 Petitioner: Daniel W. McDonald dmcdonald@merchantgould.com Andrew J. Lagatta alagatta@merchantgould.com Patent Owner: Gunnar Leinberg Gunnar.leinberg@leclairryan.com Edwin Merkel Edwin.merkel@leclairryan.com Copy with citationCopy as parenthetical citation
