Novelty, Incv.Magna-Mug LLCDownload PDFPatent Trial and Appeal BoardOct 30, 201410851252 (P.T.A.B. Oct. 30, 2014) Copy Citation Trials@uspto.gov Paper 17 Tel: 571-272-7822 Entered: October 30, 2014 UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD NOVELTY, INC., Petitioner, v. MAGNA-MUG, LLC, Patent Owner. Case IPR2014-01171 Patent 7,021,594 B2 Before SHERIDAN K. SNEDDEN, BARRY L. GROSSMAN, and MITCHELL G. WEATHERLY, Administrative Patent Judges. WEATHERLY, Administrative Patent Judge. JUDGMENT Termination of the Proceeding 35 U.S.C. § 317(a) and 37 C.F.R. § 42.72 The parties have requested that this trial proceeding be terminated pursuant to a settlement. On October 28, 2014, we authorized the parties via e-mail to file a joint request to terminate this proceeding and to file the settlement agreement as business confidential information under 37 C.F.R. § 42.74(c). The parties filed their joint motion on October 29, 2014. Paper 15. With their motion to terminate, the parties also filed a copy of a IPR2014-01171 Patent 7,021,594 B2 2 written settlement agreement that they request be kept confidential. Paper 16, 2; Ex. 1001. Trial has not yet been instituted in this proceeding. Thus, this proceeding is in the initial stages with no post-petition briefing yet filed. The parties indicate that they have agreed to resolve all disputes between the parties related to the challenged patent including the district court litigation captioned Magna-Mug, LLC. v. Novelty, Inc., 1:13-cv-00304 (S.D. OH.). Ex. 1001, 2. Under these circumstances, we determine that it is appropriate to enter judgment and terminate the trial without rendering a final written decision. 37 C.F.R. § 42.72. Accordingly, it is ORDERED that the Joint Motion to Terminate Proceeding Pursuant to 35 U.S.C. § 317 and 37 C.F.R. § 42.74 is granted; FURTHER ORDERED that the Joint Request to File Settlement Agreement as Business Confidential Information Under 35 U.S.C. § 317 and 37 C.F.R. § 42.74(c), is granted. IPR2014-01171 Patent 7,021,594 B2 3 PETITIONER: Michael A. Swift David M. Lockman MAGINOT, MOORE & BECK LLP maswift@maginot.com dmlockman@maginot.com PATENT OWNER: Brian C. Bianco James I. Zirkle AKERMAN LLP brian.bianco@akerman.com james.zirkle@akerman.com Copy with citationCopy as parenthetical citation