FLIR Systems, Inc.v.CANVS Corporation

Patent Trial and Appeal Board

May 5, 2015

10371179 (P.T.A.B. May. 5, 2015)

Trials@uspto.gov Paper 21
571–272–7822 Entered: May 5, 2015
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
_______________

FLIR SYSTEMS, INC.,
Petitioner,

v.

CANVS CORPORATION,
Patent Owner.
_______________

Case IPR2014-00773
Patent 6,911,652 B2
_______________

Before SCOTT E. KAMHOLZ, SCOTT A. DANIELS, and
ROBERT J. WEINSCHENK, Administrative Patent Judges.

WEINSCHENK, Administrative Patent Judge.

JUDGMENT
Termination of the Proceeding
37 C.F.R. § 42.72

IPR2014-00773
Patent 6,911,652 B2

2
I. INTRODUCTION
On October 23, 2014, we instituted an inter partes review of
claims 1–7 of U.S. Patent No. 6,911,652 B2 (“the ’652 patent”). Paper 11,
2. On April 30, 2015, FLIR Systems, Inc. (“Petitioner”) and CANVS
Corporation (“Patent Owner”) (collectively, “the parties”) filed a joint
motion to terminate under 35 U.S.C. § 317 and 37 C.F.R. § 42.74 (Paper 19,
“Mot.”), along with a copy of the parties’ written settlement agreement (Ex.
1015). The parties concurrently filed a joint request to treat the settlement
agreement as business confidential information under 35 U.S.C. § 317(b)
and 37 C.F.R. § 42.74(c). Paper 20. For the following reasons, the joint
motion to terminate and the joint request to treat the settlement agreement as
business confidential information are granted.
II. ANALYSIS
Petitioner has not filed a reply to the Patent Owner Response, no oral
hearing has occurred, and we have not made a final decision on the merits.
The parties represent that they have settled their dispute regarding the ’652
patent, and that the co-pending district court lawsuit between the parties
involving the ’652 patent will be dismissed. Mot. 2. Based on the facts of
this case, we determine it is appropriate to enter judgment terminating this
proceeding with respect to all parties. We further find sufficient cause to
treat the settlement agreement as business confidential information.
Therefore, we grant the joint motion to terminate and the joint request to
treat the settlement agreement as business confidential information.
III. ORDER
In consideration of the foregoing, it is hereby:
ORDERED that the joint motion to terminate is granted, and this
IPR2014-00773
Patent 6,911,652 B2

3
proceeding is terminated as to all parties; and
FURTHER ORDERED that the joint request that the settlement
agreement filed as Exhibit 1015 in this proceeding be treated as business
confidential information, kept separate from the file of the ’652 patent, and
made available only to Federal Government agencies upon written request or
any other person upon written request and a showing of good cause pursuant
to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), is granted.

IPR2014-00773
Patent 6,911,652 B2

4
PETITIONER:

David L. McCombs
Thomas B. King
Greg J. Michelson
Kevin S. White
HAYNES AND BOONE, LLP
David.mccombs.ipr@haynesboone.com
Ipr.thomas.king@haynesboone.com
Greg.michelson.ipr@haynesboone.com
Kevin.white@haynesboone.com

PATENT OWNER:

Joseph J. Zito
DNL ZITO
jzito@dnlzito.com

Paul Grandinetti
LEVY GRANDINETTI
mail@levygrandinetti.com