PLANTLAB GROEP B.V.

Patent Trials and Appeals Board

Sep 13, 2021

PGR2021-00061 (P.T.A.B. Sep. 13, 2021)

Trials@uspto.gov Paper 14
571-272-7822 Date: September 13, 2021
UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

SYNGENTA CROP PROTECTION AG,
Petitioner
v.
PLANTLAB GROEP B.V.,
Patent Owner
____________

Case PGR2021-00061
Patent No. US 10,667,469 B2
____________

Before KEN B. BARRETT, ULRIKE W. JENKS, and
BRENT M. DOUGAL, Administrative Patent Judges.

JENKS, Administrative Patent Judge.

DECISION
Dismissing the Petition and Terminating the Proceeding
37 C.F.R. §§ 42.71(a), 42.72, 42.74

PGR2021-00061
Patent No. US 10,667,469 B2

2
With authorization of the Board (Ex. 3002), the parties filed a joint
motion to dismiss the petition. Paper 12. The parties explain that dismissal is
appropriate because all disputes between the parties regarding U.S. Patent
No. 10,667,469 have been resolved. Id. at 1.
The parties have filed a true copy of their written settlement
agreement, Ex. 1025, and they “certify that there are no collateral
agreements or understandings made in connection with, or in contemplation
of, the termination of this proceeding, pursuant to 35 U.S.C. § 317(b) and
37 C.F.R. § 42.74(b).” Paper 12, 2.
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 2.
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 13. Pursuant to 35 U.S.C § 327(b)
and 37 C.F.R. § 42.74, that request is also granted.
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, Ex. 1025, to be treated as business confidential information and
PGR2021-00061
Patent No. US 10,667,469 B2

3
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.
PGR2021-00061
Patent No. US 10,667,469 B2

4
PETITIONER:
Allison W. Dobson
John Alemanni
Cynthia B. Rothschild
Kilpatrick Townsend & Stockton
adobson@kilpatricktownsend.com
jalemanni@kilpatricktownsend.com
crothschild@kilpatricktownsend.com

PATENT OWNER:
Jeffrey M. Goehring
Andrew J. Patch
Nixon & Vanderhye
jgoehring@nixonvan.com
apatch@nixonvan.com