Nest Labs, INc.v.Allure Energy, Inc.

Patent Trial and Appeal Board

Aug 21, 2015

13662663 (P.T.A.B. Aug. 21, 2015)

Trials@uspto.gov Paper 20
571-272-7822 Date Entered: August 21, 2015

UNITED STATES PATENT AND TRADEMARK OFFICE
_____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

NEST LABS, INC.,
Petitioner,

v.

ALLURE ENERGY, INC.,
Patent Owner.
____________

Case IPR2015-00181
Patent 8,571,518 B2
____________
Before BART A. GERSTENBLITH, CHRISTOPHER L. CRUMBLEY, and
KEVIN W. CHERRY, Administrative Patent Judges.

CHERRY, Administrative Patent Judge.

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

On August 14, 2015, and pursuant to 35 U.S.C. § 317 and 37 C.F.R.
§ 42.74, the parties filed a joint motion to terminate this proceeding.
Paper 19. As part of the joint motion to terminate, the parties further request
to have their settlement agreement treated as confidential business
IPR2015-00181
Patent 8,571,518 B2

2

information under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c).
1
Id. at 1.
2

In the joint motion, the parties represent that the settlement agreement filed
is a true copy and resolves all disputes between the parties. Id.
This inter partes review was instituted on May 1, 2015. At this
juncture of the proceeding, the Board does not have before it full briefing on
the trial issues; oral argument has not been held; and the Board has not
entered a final decision. Based on the facts of this case, it is appropriate to
enter judgment.
3
Therefore, the joint motion to terminate the proceeding is
granted.
Accordingly, it is
ORDERED that the parties’ joint request that the settlement
agreement (Exhibits 1013 and 1014) be treated as business confidential
information, to be kept separate from the patent file is granted;
FURTHER ORDERED that the settlement agreement (Exhibits 1013
and 1014) shall be made available only pursuant to the provisions of
37 C.F.R. § 42.74(c);

1
The parties filed two copies of the settlement agreement (Exs. 1013 and
1014). Exhibit 1013 is unredacted and Exhibit 1014 has certain limited
information redacted. On a call with the parties held on August 13, 2015,
the parties represented that both Exhibits 1013 and 1014 have confidential
business information that they wished to be treated as such under 37 C.F.R.
§ 42.74(c). The parties wished to provide the redacted copy in order to
provide additional protection against disclosure of certain extremely
sensitive information in the unredacted copy.
2
The parties’ Joint Request was filed as the same paper as their Motion
(Paper 20), but with restarted page numbers. Accordingly, the Joint Request
is pages 5–7 of Paper 20.
3
A judgment means a final written decision by the Board, or a termination
of a proceeding. 37 C.F.R. § 42.2.
IPR2015-00181
Patent 8,571,518 B2

3

FURTHER ORDERED that the joint motion to terminate the
proceeding is granted; and
FURTHER ORDERED that the proceeding is terminated.

For Petitioner:

John Dragseth
Stuart Nelson
Fish & Richardson P.C.
dragseth@fr.com
snelson@fr.com

Kevin McGann
White & Case LLP
kmcgann@whitecase.com

For Patent Owner:

John Artz
Bryan Schomer
Dickinson Wright PLLC
jsartz@dickinsonwright.com
bschomer@dickinsonwright.com