Magnadyne Corporationv.Aquatic AV, Inc.

Patent Trial and Appeal Board

Apr 16, 2015

12915967 (P.T.A.B. Apr. 16, 2015)

Trials@uspto.gov Paper 12
Tel: 571-272-7822 Entered: April 16, 2015

UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE PATENT TRIAL AND APPEAL BOARD
_______________
MAGNADYNE CORPORATION AND SSV WORKS, INC,
Petitioner,

v.

AQUATIC AV, INC,
Patent Owner.
____________

Case IPR2015-00312
Patent 8,578,081
____________

Before FRANCISCO C. PRATS, KEVIN F. TURNER, and
MICHAEL W. KIM, Administrative Patent Judges.

PRATS, Administrative Patent Judge.

JUDGMENT
Termination of the Proceeding
37 C.F.R. § 42.73

On April 14, 2015, the parties filed a joint motion to terminate this
proceeding pursuant to 35 U.S.C. § 317. Paper 10. In addition, and
pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74, the parties filed a
IPR2015-00312
Patent 8,578,081

2

copy of a settlement agreement (Ex. 1026) along with a joint request to treat
the settlement agreement as business confidential, to be kept separate from
the patent files. (Paper 11).
This case is in the preliminary proceeding
1
stage; no institution of a
trial has been made. We have reviewed the settlement agreement and we
acknowledge that it appears to be a true copy, and that the parties seek
settlement of the actions between them, including the instant proceeding.
Under these circumstances, it is appropriate to enter judgment.
2
Therefore,
the joint motion to terminate the proceeding is GRANTED.
Accordingly, it is
ORDERED that the parties’ joint request that the settlement
agreement be treated as business confidential information, to be kept
separate from the patent files is GRANTED; and
FURTHER ORDERED that the joint motion to terminate the
proceeding is GRANTED; and
FURTHER ORDERED that the proceeding is TERMINATED.

1
A preliminary proceeding begins with the filing of a petition for instituting
a trial and ends with a written decision as to whether a trial will be instituted.
37 C.F.R. § 42.2.
2
A judgment means a final written decision by the Board, or a termination
of a proceeding. 37 C.F.R. § 42.2.
IPR2015-00312
Patent 8,578,081

3

For PETITIONER:

Marc Lorelli
MGDN0218IPR@brookskushman.com

Brian Philpott
MGDN0218IPR@brookskushman.com

For PATENT OWNER:

John Heptig
pheptig@heptiglaw.com