Skechers USA, Inc.v.Aura Technologies, LLC

Patent Trial and Appeal Board

Mar 9, 2015

09947587 (P.T.A.B. Mar. 9, 2015)

Trials@uspto.gov Paper 14
Tel: 571-272-7822 Entered: March 9, 2015

UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE PATENT TRIAL AND APPEAL BOARD

SKECHERS USA, INC.,
Petitioner,
v.
AURA TECHNOLOGIES, LLC,
Patent Owner.

Case IPR2014-00955
Patent 6,751,891 B2

Before PHILLIP J. KAUFFMAN, DONNA M. PRAISS, 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 be terminated pursuant to a
settlement. On February 27, 2015, 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 March 2, 2015, which briefly states
why termination is appropriate. Paper 12, 2. With their joint motion to
IPR2014-00955
Patent 6,751,891 B2
2
terminate, the parties also filed a copy of a written settlement agreement that
they request be kept confidential. Paper 13, 1; Ex. 1029.
Since we instituted a trial in this proceeding on December 24, 2014,
the parties have filed no papers other than the joint motion to terminate.
Thus, this proceeding is in its initial stages. The parties indicate that they
have agreed to resolve all disputes between them related to the challenged
patent including the district court litigation matters captioned Aura
Technologies, LLC v. Skechers, U.S.A., Inc., No. 2:2014-cv-00929
(S.D.N.Y.). Paper 12, 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 and
License Agreement as Business Confidential Information Pursuant to
35 U.S.C. § 317 and 37 C.F.R. § 42.74, is granted.
IPR2014-00955
Patent 6,751,891 B2
3
PETITIONER:
Jason Cooper
Matthew Howell
Joshua Weeks
ALSTON & BIRD LLP
jason.cooper@alston.com
matthew.howell@alston.com
joshua.weeks@alston.com
PATENT OWNER:
Keith A. Vogt
John R. Mugno
TAKIGUCHI & VOGT, LLP
KVogt@takiguchiandvogt.com
johnmugno@aol.com