Matrixx Initiatives, Inc.

Patent Trials and Appeals Board

Dec 3, 2020

PGR2021-00005 (P.T.A.B. Dec. 3, 2020)

Trials@uspto.gov Paper 10
571-272-7822 Date: December 3, 2020

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

TRUTEK CORP.,
Petitioner,

v.

MATRIXX INITIATIVES, INC.,
Patent Owner.
____________

PGR2021-00005
Patent 10,736,931 B2
____________

Before ERICA A. FRANKLIN, ULRIKE W. JENKS, and
SUSAN L. C. MITCHELL, Administrative Patent Judges.

FRANKLIN, Administrative Patent Judge.

JUDGMENT
Dismissing the Petition and Terminating the Proceeding
37 C.F.R. §§ 42.71(a), 42.72, 42.74
PGR2021-00005
Patent 10,736,931 B2

2
With authorization of the Board, the parties filed a joint motion to
dismiss the petition. Paper 7. The parties explain that dismissal is
appropriate because they have reached an agreement that “completely
resolves all pending controversies between the Patent Owner and the
Petitioner concerning [US Patent 10,736,931 B2].” Id. at 2.
The parties have filed a true copy of their written settlement
agreement, Paper 8, and they “certify that there are no other agreements or
understandings, oral or written, between them, including any collateral
agreements, made in connection with, or in contemplation of, the dismissal
of the present proceeding as set forth in 35 U.S.C. § 327(b),” Paper 7, 2. In
the joint motion, the parties explain also that a joint motion to dismiss the
related district court litigation, Trutek Corp. v. Matrixx Initiatives, Inc., Case
No. 3:19-cv-17647-BRM-ZNQ (D.N.J. Sept. 5, 2019), is being filed in light
of the settlement. Paper 7, 3–4.
The parties correctly note that a Decision on Institution for this
proceeding has not been entered and the merits of the proceeding have not
been decided. Id. at 3.
Based on the foregoing, pursuant to 37 C.F.R. §§ 42.71(a), 42.72, and
42.74, we determine that it is appropriate to dismiss the petition and
terminate the proceeding.
Additionally, the parties filed a joint request that the settlement
agreement be treated as business confidential information and kept separate
from the file of the involved patent. Paper 9. Pursuant to 35 U.S.C § 327(b)
and 37 C.F.R. § 42.74, that request is granted also.

PGR2021-00005
Patent 10,736,931 B2

3
ORDER
In accordance with the foregoing, it is hereby:
ORDERED that the joint motion to dismiss the petition is granted;
FURTHER ORDERED that the joint request for the settlement
agreement, Paper 8, to be treated as business confidential information and
kept separate from the file of the involved patent under the provisions of 35
U.S.C. § 327(b) and 37 C.F.R. § 42.74(c) is granted; and
FURTHER ORDERED that the proceeding is terminated.

PETITIONER:

Stanley Kremen
uspto@patentsgroup.com

PATENT OWNER:

Michael Dokhanchy
Reza.dokhanchy@kirkland.com