Pella Corporationv.J-Pat, LLCDownload PDFPatent Trials and Appeals BoardSep 16, 201410219573 - (D) (P.T.A.B. Sep. 16, 2014) Copy Citation Trials@uspto.gov Paper No. 10 571-272-7822 UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ PELLA CORPORATION, PLY GEM INDUSTRIES, INC. ATRIUM WINDOWS AND DOORS, INC. and SIMONTON BUILDING PRODUCTS, INC., Petitioners, v. J-CHANNEL INDUSTRIES CORPORATION, Patent Owner. ____________ Case IPR2014-01251 Patent RE40,041 ____________ Mailed: September 16, 2014 Before JAMES T. MOORE, JOHN G. NEW, and GEORGE R. HOSKINS, Administrative Patent Judges. MOORE, Administrative Patent Judge. JUDGMENT Termination of the Proceeding 37 C.F.R. § 42.73 Case IPR2014-01251 Patent RE40,041 2 On September 11, 2014, the parties filed a joint motion (Paper 7) to terminate this proceeding. See 35 U.S.C. § 317(a); 37 C.F.R. § 42.72. The parties also filed a copy of their written settlement agreement and a request (Paper 8) to treat the settlement agreement as business confidential information under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c). This proceeding is still in the preliminary stages. Patent Owner has not yet filed its preliminary response and the Board has not instituted a trial. A related petition, IPR2014-001214, is in the same status. Under the circumstances, the Board determines that it is appropriate to terminate this proceeding without rendering either a decision to institute or a final written decision. See 37 C.F.R. § 42.72. Accordingly, it is hereby: ORDERED that the parties’ joint request that the settlement agreement (Paper 9) be treated as business confidential information under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c) is GRANTED; and FURTHER ORDERED that the joint motion to terminate the proceeding is GRANTED and this proceeding is hereby terminated. Case IPR2014-01251 Patent RE40,041 3 PETITIONER: Joshua B. Brady Williams Mullen jbrady@williamsmullen.com David F. Sawrie Baker Donelson dsawrie@bakerdonelson.com PATENT OWNER: Joseph Oldaker Timothy Grochocinski Innovalaw, P.C. joldaker@innovalaw.com teg@innovalaw.com Copy with citationCopy as parenthetical citation
