`571-272-7822
`
` Paper No. 19
`Entered: December 14, 2015
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`FREEDOM INNNOVATIONS, LLC,
`Petitioner,
`
`v.
`
`BLATCHFORD, INC., BLATCHFORD PRODUCTS LTD., &
`CHAS. A. BLATCHFORD & SONS, LTD.,
`Patent Owner.
`____________
`
`Case IPR2015-00641
`Patent 8,574,312 B2
`____________
`
`
`
`Before MEREDITH C. PETRAVICK, HYUN J. JUNG, and
`CHRISTOPHER G. PAULRAJ, Administrative Patent Judges.
`
`JUNG, Administrative Patent Judge.
`
`
`
`ORDER
`Termination of the Proceeding
`35 U.S.C. § 317 and 37 C.F.R. § 42.72
`
`
`
`
`
`
`
`
`
`
`IPR2015-00641
`Patent 8,574,312 B2
`
`
`Pursuant to authorization by the Board via email sent November 13,
`
`2015, Freedom Innovations, LLC (“Petitioner”) and Blatchford Inc.,
`
`Blatchford Products Ltd., and Chas. A. Blatchford & Sons, Ltd.
`
`(collectively, “Patent Owner”) filed a Joint Motion to Terminate Proceeding
`
`(Paper 16, “Mot.”) and a Joint Request that Settlement Agreement be
`
`Treated as Business Confidential Information and Kept Separate Under 35
`
`U.S.C. § 317 (Paper 18).
`
`Under 35 U.S.C. § 317(a), an inter partes review proceeding shall be
`
`terminated with respect to any petitioner upon the request of the petitioner
`
`and the patent owner, unless the Office has decided the merits of the
`
`proceeding before the request for termination is filed. The present
`
`proceeding is in an early stage. A Decision to Institute was entered July 31,
`
`2015 (Paper 9). Patent Owner has not yet filed its Patent Owner Response.
`
`The merits have not been decided, and this proceeding is eligible for
`
`termination. See Mot. 2.
`
`Under 35 U.S.C. § 317(b), any agreement or understanding between
`
`Patent Owner and Petitioner, including any collateral agreements referred to
`
`in such agreement or understanding, made in connection with, or in
`
`contemplation of, the termination of the proceeding shall be in writing, and a
`
`true copy of such agreement or understanding shall be filed in the Office.
`
`Patent Owner and Petitioner state that they have settled their dispute and
`
`have reached agreement to terminate this proceeding. Mot. 1. In support of
`
`their joint motion, the parties filed Exhibit 1031 as a true copy of their
`
`written agreement. Id.
`
`Upon consideration of the facts in the case before us, we grant the
`
`joint motion and terminate this proceeding as to both Petitioner and Patent
`
`
`
`2
`
`
`
`IPR2015-00641
`Patent 8,574,312 B2
`
`Owner without rendering a final written decision. 37 C.F.R. § 42.72. We
`
`also grant the joint request to maintain Exhibit 1031 as business confidential
`
`in accordance with 37 C.F.R. § 42.74(c).
`
`ORDER
`
`Accordingly, it is:
`
`
`
`ORDERED that the Joint Motion to Terminate this proceeding is
`
`granted and, accordingly, this proceeding is hereby terminated; and
`
`
`
`FURTHER ORDERED that the parties’ Joint Request that the
`
`agreement (Ex. 1031) submitted in support of the Joint Motion be treated as
`
`business confidential information, to be kept separate from the file of U.S.
`
`Patent No. 8,574,312 B2, and made available only under the provisions of
`
`35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), is granted.
`
`
`
`
`
`
`
`3
`
`
`
`IPR2015-00641
`Patent 8,574,312 B2
`
`
`
`PETITIONER:
`
`James Barney
`Daniel Chung
`David Reese
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP
`James.Barney@finnegan.com
`Daniel.Chung@finnegan.com
`David.Reese@finnegan.com
`
`
`PATENT OWNER:
`
`Blas P. Arroyo
`R. Flynt Strean
`Christopher TL Douglas
`ALSTON & BIRD LLP
`blas.arroyo@alston.com
`flynt.strean@alston.com
`christopher.douglas@alston.com
`
`
`
`
`4
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