MACAUTO U.S.A.v.BOS GmbH & Co. KG

Patent Trial and Appeal Board

Feb 20, 2013

09762374 (P.T.A.B. Feb. 20, 2013)

Trials@uspto.gov Paper No. 23
571-272-7822 Date Entered: February 20, 2013

UNITED STATES PATENT AND TRADEMARK OFFICE
_____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

MACAUTO U.S.A.
Petitioner

v.

BOS GMBH & KG
Patent Owner
____________

Case IPR2012-00004 (TLG)
Patent 6,422,291 B1
____________

Before HOWARD B. BLANKENSHIP, THOMAS L. GIANNETTI, and BRIAN
J. MCNAMARA, Administrative Patent Judges.

GIANNETTI, Administrative Patent Judge.

JUDGMENT
TERMINATION OF THE PROCEEDING
37 C.F.R. § 42.73

IPR2012-00004
Patent 6,422,291

2

On February 8, 2013, the parties filed a joint motion (Paper No. 22) to
terminate this trial proceeding. See 35 U.S.C. § 317(a); 37 C.F.R. § 42.72. With
the motion, the parties filed a copy of the written settlement agreement (Exhibit A
thereto) as well as a request to treat the settlement agreement as business
confidential information under the provisions of 35 U.S.C. § 317(b) and 37 C.F.R.
§ 42.74(c).
This trial was instituted on January 24, 2013, and is in the preliminary
stages. The initial conference call with the Board to discuss the case has not been
held. The proceeding was suspended to allow time for settlement. The co-pending
district court litigation is being dismissed and the parties have represented that no
other actions are pending. Under these circumstances the Board determines that it
is appropriate to 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 request that the settlement
agreement be treated as business confidential information, kept separate from the
file of the involved patents, and made available only to Federal Government
agencies on written request, or to any person on a showing of good cause, under
the provisions of 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), is GRANTED.

IPR2012-00004
Patent 6,422,291

3

For Patent Owner:
Dennis R. Schlemmer
David M. Airan
Leydig, Voit & Mayer, Ltd.
dschlemmer@leydig.com
dairan@leydig.com

For Petitioner:

Scott A. Chambers
Patton Boggs LLP
bdonovan@pattenboggs.com