`Tel: 571-272-7822
`
`
`Paper 10
`Entered: February 19, 2015
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`GENEDX, INC.,
`Petitioner,
`
`v.
`
`UNIVERSITY OF UTAH RESEARCH FOUNDATION, ET AL.,
`Patent Owners.
`____________
`
`IPR2014-01311 (Patent 6,033,857);
`IPR2014-01316 (Patent 5,753,441);
`IPR2015-00152 (Patent 5,747,282);
`IPR2015-00154 (Patent 5,837,492)
`____________
`
`Before FRANCISCO C. PRATS, ERICA A. FRANKLIN,
`ZHENYU YANG, and TINA E. HULSE, Administrative Patent Judges.
`
`PRATS, Administrative Patent Judge.
`
`
`
`
`
`JUDGMENT
`Termination of the Proceeding
`37 C.F.R. § 42.73
`
`On February 17, 2015, the parties filed in each of the listed
`
`proceedings a joint motion to terminate the proceedings pursuant to 35
`
`U.S.C. § 317. In addition, and pursuant to 35 U.S.C. § 317(b) and 37 C.F.R.
`
`§ 42.74, the parties filed in each of the listed proceedings a copy of a
`
`settlement agreement along with a joint request to treat the settlement
`
`agreement as business confidential, to be kept separate from the patent files.
`
`
`
`
`
`IPR2014-01311 (6,033,857); IPR2014-01316 (5,753,441);
`IPR2015-00152 (5,747,282); and IPR2015-00154 (5,837,492)
`
`
`
`These cases are all in the preliminary proceeding1 stage; no institution
`
`of a trial has been made. Under these circumstances, it is appropriate to
`
`enter judgment.2 Therefore, the joint motions to terminate the proceedings
`
`are GRANTED.
`
`Accordingly, it is
`
`ORDERED that the parties’ joint requests that the settlement
`
`agreement be treated as business confidential information, to be kept
`
`separate from the patent files are GRANTED; and
`
`FURTHER ORDERED that the joint motions to terminate the
`
`proceedings are GRANTED; and
`
`FURTHER ORDERED that the proceedings are 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 a trial will be instituted.
`37 C.F.R. § 42.2.
`2 A judgment means a final written decision by the Board, or a termination
`of a proceeding. 37 C.F.R. § 42.2.
`
`
`
`2
`
`
`
`IPR2014-01311 (6,033,857); IPR2014-01316 (5,753,441);
`IPR2015-00152 (5,747,282); and IPR2015-00154 (5,837,492)
`
`
`For PETITIONER:
`
`Eldora L. Ellison
`Deborah A. Sterling
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`dsterlin-PTAB@skgf.com
`eellison-PTAB@skgf.com
`
`
`For PATENT OWNER:
`
`Dorothy P. Whelan
`J. Patrick Finn, III
`FISH & RICHARDSON P.C.
`Whelan@fr.com
`IPR28496-0015IP1@fr.com
`
`
`
`
`3
`
`
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