`571-272-7822
`
`
`
`
`
` Paper 11
`Entered: May 12, 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 BIORESOURCES, INC.
`Patent Owner
`
`
`
`
`
`____________
`
`Case IPR2014-00636
`Patent 8,278,351
`____________
`
`Before LORA M. GREEN, JACQUELINE WRIGHT BONILLA, and
`SHERIDAN K. SNEDDEN, Administrative Patent Judges.
`
`GREEN, Administrative Patent Judge.
`
`JUDGMENT
`Termination of the Proceeding
`37 C.F.R. § 42.73
`
`
`
`
`
`
`
`Case IPR2014-00636
`Patent 8,278,351
`
`
`On May 7, 2014, and pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74,
`the parties filed a copy of a settlement (Ex. 2001) agreement along with a joint
`request to treat the settlement agreement as business confidential, to be separate
`from the patent file. Paper 10. The parties filed also a joint motion to terminate
`the proceeding pursuant to 35 U.S.C. § 317. Paper 9.
`This case is in the preliminary proceeding1 stage; no institution of a trial has
`been made. Based on the facts of this case, it is appropriate to enter judgment.2
`Therefore, the joint motion to terminate the proceeding is GRANTED.
`Accordingly, it is
`ORDERED that the parties’ request that the settlement agreement 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;
`FURTHER ORDERED that the proceeding is TERMINATED.
`
`
`
`
`1 A preliminary proceeding begins with the filing of a petition for instituting a trial
`and ends with a written decision as to whether trial will be instituted.
`37 C.F.R. § 42.2.
`2 A judgment means a final written description by the Board, or a termination of a
`proceeding. 37 C.F.R. § 42.2.
`
`
`
`2
`
`
`
`Case IPR2014-00636
`Patent 8,278,351
`
`For PETITIONER:
`
`Elizabeth J. Holland
`Cynthia Lambert Hardman
`KENYON & KENYON LLP
`eholland@kenyon.com
`chardman@kenyon.com
`
`For PATENT OWNER:
`
`Stephen L. Altieri, Ph.D.
`J. Dean Farmer, Ph.D.
`Cooley LLP
`saltieri@cooley.com
`dfarmer@cooley.com
`zpatdcdocketing@cooley.com
`
`
`
`3