The Dow Chemical Companyv.Mallard Creek Polymers, Inc.Download PDFPatent Trial and Appeal BoardFeb 17, 201510882570 (P.T.A.B. Feb. 17, 2015) Copy Citation Trials@uspto.gov Paper 8 Tel: 571-272-7822 Entered: February 17, 2015 UNITED STATES PATENT AND TRADEMARK OFFICE _______________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ THE DOW CHEMICAL COMPANY, Petitioner, v. MALLARD CREEK POLYMERS, INC., Patent Owner. _______________ Case IPR2014-01436 (Patent 7,491,753) Case IPR2014-01437 (Patent 7,981,946) _______________ Before LINDA M. GAUDETTE, GRACE KARAFFA OBERMANN, and JENNIFER M. MEYER, Administrative Patent Judges. OBERMANN, Administrative Patent Judge. JUDGMENT Termination of the Proceedings 37 C.F.R. § 42.73 IPR2014-01436 (Patent 7,491,753) IPR2014-01437 (Patent 7,981,946) 2 On January 29, 2015, the parties filed a Joint Motion to Terminate the Proceeding in each case identified in the caption. Paper 5. 1 That same day, the parties also jointly filed a true copy of a Confidential Settlement Agreement and Release (“Settlement Agreement”) in each case, which resolves the disputes that are the subject of these proceedings (Ex. 1009). The parties request that the Settlement Agreement be treated as business confidential information, to be kept separate from the patent file pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74. See Joint Submission of Confidential Settlement Agreement, Paper 6. We authorized the filing of those papers in an email communication to counsel. A Decision to Institute an inter partes review has not been entered in either case; both are in a preliminary stage. No significant activity has occurred since the filing of the Petition in each proceeding. Paper 2. Based on these circumstances, it is appropriate to terminate the proceedings. Therefore, the Joint Motion to Terminate the Proceeding is granted in each case identified in the caption. It is ORDERED that the parties’ joint request that the Settlement Agreement (Ex. 1009) be treated as business confidential information, to be kept separate from the patent file, is granted; FURTHER ORDERED that the Joint Motion to Terminate the Proceeding is granted in each case identified in the caption; and FURTHER ORDERED that each proceeding is terminated pursuant to 35 U.S.C. § 317(a). 1 The documents filed in each proceeding bear identical paper numbers. IPR2014-01436 (Patent 7,491,753) IPR2014-01437 (Patent 7,981,946) 3 For Petitioner: David Maiorana dmaiorana@JonesDay.com Raef Shaltout rshaltout@dow.com John Biernacki jvbiernacki@jonesday.com For Patent Owner: Barry Herman BHerman@wcsr.com Mark Jenkins MJenkins@wcsr.com Preston Heard PHeard@wcsrc.om Copy with citationCopy as parenthetical citation
