Inspectionlogic Corporationv.LDARtools, Inc.Download PDFPatent Trial and Appeal BoardFeb 9, 201511692764 (P.T.A.B. Feb. 9, 2015) Copy Citation Trials@uspto.gov Paper 16 571-272-7822 Entered: February 9, 2015 UNITED STATES PATENT AND TRADEMARK OFFICE _____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ INSPECTIONLOGIC CORPORATION, Petitioner, v. LDARTOOLS, INC., Patent Owner. _______________ Case IPR2014-01044 Patent 7,657,384 B1 _______________ Before JAMES B. ARPIN, NEIL T. POWELL, and ROBERT J. WEINSCHENK, Administrative Patent Judges. POWELL, Administrative Patent Judge. JUDGMENT Termination of the Proceeding 37 C.F.R. § 42.73(a) On February 5, 2015, the parties filed a Joint Motion to Terminate (Paper 15) pursuant to 35 U.S.C. § 317(a). In addition, pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), Patent Owner filed a copy of a Settlement Agreement Case IPR2014-01044 Patent 7,657,384 B1 2 (Ex. 1013), along with a Joint Request To Treat Settlement Agreement As Business Confidential Information (Paper 14). This trial is in its very early stages. No oral hearing has occurred in this case, and we have not made a final decision on the merits. The co-pending district court lawsuit between the parties has been dismissed, with prejudice, effective January 26, 2015, and the parties have represented that they have settled their dispute. Paper 15, 2–4. Under these circumstances, we determine that it is appropriate to terminate the case without rendering a final written decision. 37 C.F.R. § 42.74. Based on the facts of this case, it is appropriate to enter judgment.1 Therefore, the Joint Motion to Terminate is granted. Accordingly, it is ORDERED that the parties’ 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 is granted; and FURTHER ORDERED that the proceeding is terminated. 1 A judgment means a final written decision by the Board, or a termination of a proceeding. 37 C.F.R. § 42.2. Case IPR2014-01044 Patent 7,657,384 B1 3 PETITIONER: Robert H. Eichenberger rhe@middletonlaw.com John F. Salazar jsalazar@middletonlaw.com Robert J. Theuerkauf rjt@middletonlaw.com Joseph P. Morris jmorris@middletonlaw.com PATENT OWNER: Douglass H. Elliott doug@elliottiplaw.com Eric M. Adams eric@elliottiplaw.com Copy with citationCopy as parenthetical citation
