Lodge Manufacturing Company

Patent Trials and Appeals Board

Jul 14, 2020

IPR2019-01277 (P.T.A.B. Jul. 14, 2020)

Trials@uspto.gov Paper 19
571-272-7822 Entered: July 14, 2020

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

GIBSON OVERSEAS, INC.,
Petitioner,

v.

LODGE MANUFACTURING COMPANY,
Patent Owner.
____________

IPR2019-01277
Patent 7,622,197 B2
____________

Before CHRISTOPHER L. CRUMBLEY, MICHELLE N. ANKENBRAND,
and SHELDON M. MCGEE, Administrative Patent Judges.

MCGEE, Administrative Patent Judge.

TERMINATION
Due to Settlement After Institution of Trial
35 U.S.C. § 317; 37 C.F.R. § 42.74

IPR2019-01277
Patent 7,622,197 B2

2

On June 17, 2020, with prior Board authorization, Petitioner (Gibson
Overseas, Inc.) and Patent Owner (Lodge Manufacturing Company) filed a
combined Joint Motion to Terminate this proceeding and Joint Request that
the settlement agreement be treated as business confidential and kept
separate from the patent file (Paper 18, “Joint Mot.”), along with what the
parties indicate is a copy of their written settlement agreement (Ex. 1025).
Under 35 U.S.C. § 317(a), “[a]n inter partes review instituted under
this chapter shall be terminated with respect to any petitioner upon the joint
request of the petitioner and patent owner, unless the Office has decided the
merits of the proceeding before the request for termination is filed.”
Section 317(a) also provides that if no petitioner remains in the inter partes
review, the Office may terminate the review.
In the Joint Motion, the parties represent that they have reached an
agreement resolving their disputes, and that Exhibit 1025 is a true copy of
their written settlement agreement. Joint Mot. 1. The parties further
represent that there are no other agreements or understandings made in
connection with the termination of this proceeding. Id.
We instituted trial in this proceeding on February 4, 2020, but we
have not yet decided the merits. Under these circumstances, we determine
that it is appropriate to terminate this proceeding without rendering a final
written decision. See 37 C.F.R. §§ 42.72, 42.74. Further, after reviewing
the settlement agreement between Petitioner and Patent Owner, we
determine it is appropriate to treat it as business confidential information and
keep it separate from the file of the patent pursuant to 35 U.S.C. § 317(b)
and 37 C.F.R. § 42.74(c).
IPR2019-01277
Patent 7,622,197 B2

3

Therefore, we grant the Joint Motion to Terminate and the Joint
Request to treat the settlement agreement as business confidential
information in this proceeding. This determination does not constitute a
final written decision pursuant to 35 U.S.C. § 318(a).

Accordingly, it is:
ORDERED that the Joint Motion to Terminate and Joint Request to
treat the settlement agreement (Ex. 1025) as business confidential and kept
separate from the patent file is granted; and
FURTHER ORDERED that IPR2019-01277 is terminated with
respect to both Petitioner and Patent Owner.

IPR2019-01277
Patent 7,622,197 B2

4

For Petitioner:
Heath Briggs
Barry Schindler
Greenberg Traurig, LLP
briggsh@gtlaw.com
schindlerb@gtlaw.com

For Patent Owner:
Stephen Stark
Pharan Evans
Stephen.stark@millermartin.com
Pharan.evans@millermartin.com