`571-272-7822
` Entered: August 11, 2014
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`BOSTON SCIENTIFIC CORPORATION
`and BOSTON SCIENTIFIC SCIMED, INC.
`Petitioners
`
`v.
`
`VASCULAR SOLUTIONS, INC.
`Patent Owner
`____________
`
`Case IPR2014-00759
`Patent 8,142,413
`
`Cases IPR2014-00760 and IPR2014-00761
`Patent 8,048,032
`
`Cases IPR2014-00762 and IPR2014-00763
`Patent 8,292,8501
`____________
`
`Before GLENN J. PERRY, BARBARA A. PARVIS and
`J. JOHN LEE, Administrative Trial Judges
`
`PERRY, Administrative Trial Judge
`
`
`
`
`
`1 This Order addresses scheduling that is identical in the listed cases. We
`exercise our discretion to issue a single paper to be filed in each case. The
`parties are not authorized to use this style heading for any subsequent
`papers.
`
`
`
`Cases IPR2014-00759, -00760, -00761, -00762 and -00763
`Patents 8,142,413; 8,048,032; and 8,292,850
`
`
`JUDGMENT
`Termination of Proceeding
`37 C.F.R. § 42.73
`
`
`
`The parties have requested that these trial proceedings be terminated
`pursuant to a settlement. On August 6, 2014, the Board authorized2 the
`parties to file a Joint Motion to Terminate these proceedings along with a
`true copy of any and all settlement agreements between them related to the
`patent at issue. The parties filed in each case a Joint Motion to Terminate3
`in accordance with 35 U.S.C. § 327(a) and 37 C.F.R. § 42.72. The parties
`also filed in each case a Joint Motion to Treat the Parties’ Settlement
`Agreement as Business Confidential4 pursuant to 35 U.S.C. § 317(b) and
`Rule 42.74. The settlement agreement5 purports to settle matters between
`the parties with respect to each of the patents at issue in this inter partes
`review.
`Each of the captioned inter partes reviews is in its preliminary stage.
`A decision on the respective Petitions6 has not yet been rendered. The
`parties have identified the following USPTO proceedings that are pending.
`
`
`
`2 IPR2014-00759, Paper 6; IPR2014-00760, Paper 6; IPR2014-00761,
`Paper 7; IPR2014-00762, Paper 6; IPR2014-00763, Paper 9.
`3 IPR2014-00759, Paper 7; IPR2014-00760, Paper 7; IPR2014-00761,
`Paper 7; IPR2014-00762, Paper 8; IPR2014-00763, Paper 10.
`4 IPR2014-00759, Paper 8; IPR2014-00760, Paper 8; IPR2014-00761,
`Paper 8; IPR2014-00762, Paper 8; IPR2014-00763, Paper 11.
`5 IPR2014-00759, Exhibit 1041; IPR2014-00760, Exhibit 1042; IPR2014-
`00761, Exhibit 1042; IPR2014-00762, Exhibit 1043; IPR2014-00763,
`Exhibit 1043.
`6 IPR2014-00759, Paper 1; IPR2014-00760, Paper 1; IPR2014-00761,
`Paper 1; IPR2014-00762, Paper 1; IPR2014-00763, Paper 1.
`
`
`
`Cases IPR2014-00759, -00760, -00761, -00762 and -00763
`Patents 8,142,413; 8,048,032; and 8,292,850
`
`
`
`
`Application
`Reissue Application for U.S. Patent No.
`8,292,850: Serial No. 14/070161
`Reissue Continuation Application for
`U.S. Patent No. 8,292,850: Serial No.
`14/195385
`Reissue Continuation Application for
`U.S. Patent No. 8,292,850: Serial No.
`14/195413
`Reissue Continuation Application for
`U.S. Patent No. 8,292,850: Serial No.
`14/195435
`
`Status
`Pending
`
`Pending
`
`Pending
`
`Pending
`
`
`
`The parties indicated that they “shall cooperate” to have the related
`District Court litigation7 in the U.S. District Court for the District of
`Minnesota dismissed with prejudice.
`Under these circumstances, the Board determines that it is appropriate
`to enter judgment8 and terminate each of the trials without rendering a final
`written decision under 37 C.F.R. § 42.72.
`
`
`7 Vascular Solutions, Inc. v. Boston Scientific Corp., No. 0:13-cv-1172-JRT-
`SER (D. Minn.).
`8 A judgment means a final written decision by the Board, or a termination
`of a proceeding. 37 C.F.R. § 42.2.
`
`
`
`Cases IPR2014-00759, -00760, -00761, -00762 and -00763
`Patents 8,142,413; 8,048,032; and 8,292,850
`
`
`ORDER
`
`It is, therefore,
`ORDERED that the joint motions to terminate these proceedings are
`GRANTED and the proceedings are hereby terminated as to all parties
`including, Petitioners and Patent Owner; and
`FURTHER ORDERED that the parties’ joint requests that the
`settlement agreement, as filed in each case, be treated as business
`confidential information and kept separate from the file of the involved
`patent under the provisions of to 35 U.S.C. § 317(b) and 37 C.F.R.
`§ 42.74(c), are GRANTED.
`
`FOR PETITIONERS:
`
`David Marsh
`Kristan Lansbery
`ARNOLD & PORTER LLP
`David.marsh@aporter.com
`Kristan.lansbery@aporter.com
`
`FOR PATENT OWNER:
`
`Kenneth E. Levitt
`DORSEY & WHITNEY
`levitt.kenneth@dorsey.com
`VSI-BSC-IPR@dorsey.com
`
`Brad D. Pedersen
`PATTERSON, THUENTE, PETERSON, PA
`pedersen@ptslaw.com
`PRPS@ptslaw.com
`
`
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