MillerCoors LLCv.CML&J LLC

Patent Trial and Appeal Board

Jun 30, 2015

13548793 (P.T.A.B. Jun. 30, 2015)

Trials@uspto.gov Paper 9
Tel: 571-272-7822 Entered: June 30, 2015

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

MILLERCOORS LLC,
Petitioner,

v.

CML&J LLC,
Patent Owner.
____________

Case IPR2015-00742
Patent 8,640,905 B2
____________

Before RICHARD E. RICE, MITCHELL G. WEATHERLY, and
CARL M. DeFRANCO, Administrative Patent Judges.

RICE, Administrative Patent Judge.
TERMINATION
Dismissal of the Petition
37 C.F.R. §§ 42.5(a), 42.71(a)
IPR2015-00742
Patent 8,640,905 B2

2

On June 24, 2015, the parties filed a joint motion (Paper 8, “Jt. Mot.”)
to terminate this proceeding on the basis of a settlement reached by the
parties, and also filed a copy of their written settlement agreement (Ex.
1021). The parties request that their settlement agreement be treated as
business confidential information under 35 U.S.C. § 317(b) and 37 C.F.R.
§ 42.74(c). Jt. Mot. 2.
The parties’ joint motion to terminate was filed at a preliminary stage
of this proceeding, and the Board has not yet determined whether to institute
an inter partes review. The parties represent that pursuant to their settlement
agreement the parties will file a stipulation of dismissal of the related district
court law suit. Jt. Mot. 1–2. The parties further represent that “[n]o
additional district court litigation is currently pending and therefore
termination is appropriate.” Id. at 2. Under these circumstances, we
determine that it is appropriate to dismiss the Petition. See 37 C.F.R.
§§ 42.5(a), 42.71(a). This paper does not constitute a final written decision
pursuant to 35 U.S.C. § 318(a).
In consideration of the foregoing, it is hereby:
ORDERED that the parties’ joint request that the settlement
agreement be treated as business confidential information, kept separate
from the files of U.S. Patent No. 8,640,905 B2, and made available only to
Federal Government agencies on written request, or to any person on a
showing of good cause, under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c),
is granted;
FURTHER ORDERED that the joint motion to terminate the instant
proceeding is granted; and
IPR2015-00742
Patent 8,640,905 B2

3

FURTHER ORDERED that the Petition for Inter Partes Review of
the above-referenced patent is dismissed.
IPR2015-00742
Patent 8,640,905 B2

4

PETITIONER:

George C. Lewis
Thomas J. Leach
Peter A. Gergely
Ryan J. Fletcher
Merchant & Gould PC
GLewis@merchantgould.com
Tleach@merchantgould.com
PGergely@merchantgould.com
RFletcher@merchantgould.com

PATENT OWNER:

David Arnold
Sean F. Sullivan
Cantor Colburn LLP
darnold@cantorcolburn.com
ssullivan@cantorcolburn.com