`571-272-7822
`
`
`
`
`
` Paper 8
`Entered: 5 May 5, 2014
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ENZYMOTEC LTD. and ENZYMOTEC USA, INC.
`Petitioner,
`
`
`
`
`
`v.
`
`NEPTUNE TECHNOLOGIES AND BIORESSOURCES INC.
`Patent Owner
`
`____________
`
`Cases IPR2014-00466 (Patent 8,383,675)
`IPR2014-00586 (Patent 8,278,351)
`IPR2014-00636 (Patent 8,278,351) 1
`____________
`
`Before LORA M. GREEN, JACQUELINE WRIGHT BONILLA, and
`SHERIDAN K. SNEDDEN, Administrative Patent Judges.
`
`GREEN, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`1 This order addresses issues that are the same in both cases. We exercise our
`discretion to issue one order to be filed in each case. The parties, however, are not
`authorized to use this style heading in subsequent papers.
`
`
`
`
`Cases IPR2014-00466 (Patent 8,383,675)
`IPR2014-00586 (Patent 8,278,351)
`IPR2014-00636 (Patent 8,278,351)
`
`
`A conference call was held on Wednesday, April 30, 2014, in the above
`
`proceedings between Cynthia Hardman, counsel for Petitioner; Stephen Altieri,
`
`representing Patent Owner; and Judges Green, Bonilla, and Snedden. The parties
`
`sought authorization to file a joint motion to terminate the proceedings on the basis
`
`that the parties have reached a settlement.
`
`Generally, the Board expects that a proceeding will terminate after the filing
`
`of a settlement agreement. See, e.g., Office Patent Trial Practice Guide, 77 Fed.
`
`Reg. 48,756, 48,768 (Aug. 14, 2012). The rule governing settlement indicates that
`
`any agreement between the parties made in connection with, or in contemplation
`
`of, the termination of a proceeding shall be in writing and filed with the Board.
`
`37 C.F.R. § 42.74.
`
`During the conference call, the Board authorized the filing of a joint motion
`
`to terminate the proceeding and provided guidance as to the procedure for filing
`
`the parties’ settlement agreement and having the settlement agreement treated as
`
`business confidential information under 37 C.F.R. § 42.74(c). The joint motion
`
`must (1) include a brief explanation as to why termination is appropriate;
`
`(2) identify all parties in any related district court litigation or ITC proceeding
`
`involving the patents at issue; (3) identify any related proceedings currently before
`
`the Office, and (4) discuss specifically the current status of each such related
`
`litigation or proceeding with respect to each party to the litigation or proceeding.
`
`The joint motion to terminate must be accompanied by a true copy of the parties’
`
`settlement agreement, as required by 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(b).
`
`A redacted version of the settlement agreement will not be accepted as a true copy
`
`of the settlement agreement. Moreover, the settlement agreement may not be
`
`expunged after termination of the proceeding.
`
`
`
`2
`
`
`
`Cases IPR2014-00466 (Patent 8,383,675)
`IPR2014-00586 (Patent 8,278,351)
`IPR2014-00636 (Patent 8,278,351)
`
`
`With respect to having the settlement agreement treated as business
`
`confidential information under 37 C.F.R. § 42.74(c), the parties must file the
`
`confidential settlement agreement electronically in the Patent Review Processing
`
`System (PRPS) as an exhibit in accordance with the instructions provided on the
`
`Board’s website (uploading as “Parties and Board Only”). The parties are directed
`
`to FAQ G2 on the Board’s website at http://www.uspto.gov/ip/boards/bpai/prps.jsp
`
`for instructions on how to file their settlement agreement as confidential.
`
`In consideration of the foregoing, it is hereby:
`
`ORDERED that the parties are authorized to file a joint motion to terminate
`
`this proceeding no later than MAY 9, 2014;
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`FURTHER ORDERED that the joint motion must be accompanied by a true
`
`copy, labeled as an exhibit, of the parties’ settlement agreement as required by
`
`35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(b);
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`FURTHER ORDERED that, for the exhibit that is the settlement agreement
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`filed in this proceeding, the parties may file a separate paper requesting that the
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`settlement agreement be treated as business confidential information as specified in
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`37 C.F.R. § 42.74(c); and
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`FURTHER ORDERED that any confidential settlement agreement must be
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`filed electronically in PRPS in accordance with the instructions provided on the
`
`Board’s website (uploading as “Parties and Board Only”).
`
`
`
`
`
`
`
`3
`
`
`
`Cases IPR2014-00466 (Patent 8,383,675)
`IPR2014-00586 (Patent 8,278,351)
`IPR2014-00636 (Patent 8,278,351)
`
`PETITIONER:
`
`Elizabeth Holland
`eholland@kenyon.com
`
`Cynthia Hardman
`chardman@kenyon.com
`
`
`PATENT OWNER:
`
`Stephen Altieri
`saltieri@cooley.com
`
`J. Dean Farmer
`dfarmer@cooley.com
`
`
`
`
`4
`
`
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