`Tel: 571-272-7822
`
`Paper 78
`Entered: November 20, 2017
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`COSTCO WHOLESALE CORPORATION
`Petitioner,
`
`v.
`
`ROBERT BOSCH LLC,
`Patent Owner.
`_______________
`
`Case
`IPR2016-00041
`Patent 8,099,823 B2
`_______________
`
`
`
`Before PHILLIP J. KAUFFMAN, WILLIAM V. SAINDON, and
`BARRY L. GROSSMAN, Administrative Patent Judges.
`
`
`SAINDON, Administrative Patent Judge.
`
`
`
`ORDER
`
`Denying Patent Owner’s Motion to Vacate Final Written Decision
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`IPR2016-00041
`Patent 8,099,823 B2
`
`
`Upon authorization from the panel (Paper 74), Patent Owner filed a
`motion “seeking to vacate the final written decision in IPR2016-00041 or, in
`the alternative, to otherwise prevent the Office from issuing a certificate
`pursuant to 35 U.S.C. § 318(b).” Paper 75 (“Mot.” or “Motion”). Petitioner
`filed an opposition. Paper 76 (“Opp.”). We deny Patent Owner’s Motion.
`Patent Owner asserts that, “[i]n view of the parties’ settlement and
`[Petitioner’s] abandonment of the contest . . . [Patent Owner] moves the
`Board to vacate the final written decision.” Mot. 1. Alternatively, Patent
`Owner moves to “terminate this IPR pursuant to” 37 C.F.R. § 42.5(a) or to
`“enter adverse judgment against [Petitioner]” pursuant to 37 C.F.R.
`§ 42.73(b)(4). Id. at 1–2.
`Contrary to Patent Owner’s representation, however, the parties never
`settled the present case. Settlement in IPRs is conducted under 35 U.S.C.
`§ 317 and 37 C.F.R. § 42.74, but no request was made to settle this
`proceeding, no written agreement was filed, and no settlement was entered.
`In addition, Petitioner did not abandon this contest. Petitioner has
`made no specific request to abandon this contest. Indeed, Petitioner has
`sought a Request for Rehearing (Paper 71), which has not been withdrawn,
`and Petitioner filed an opposition to Patent Owner’s present Motion. Patent
`Owner represents that Petitioner has withdrawn from the appeal of one or
`more other related cases in one or more other fora (Mot. 2), but that does not
`represent withdrawal of this contest in this forum. We do not find Petitioner
`to have abandoned the contest under 37 C.F.R. § 42.73(b)(4).
`The factual underpinnings for the various requests for relief in Patent
`Owner’s Motion are unsupported; Petitioner neither settled nor abandoned
`
` 2
`
`
`
`
`
`
`
`IPR2016-00041
`Patent 8,099,823 B2
`
`the contest. Accordingly, it is hereby ORDERED that Patent Owner’s
`Motion is DENIED.
`
`
`
`PETITIONER:
`
`Richard M. Koehl
`James R. Klaiber
`David Lansky
`James Klaiber
`Stefanie Lopatkin
`HUGHES HUBBARD & REED LLP
`richard.koehl@hugheshubbard.com
`james.klaiber@hugheshubbard.com
`david.lansky@hugheshubbard.com
`james.klaiber@hugheshubbard.com
`stefanie.lopatkin@hugheshubbard.com
`
`
`PATENT OWNER:
`
`Patrick R. Colsher
`SHEARMAN & STERLING LLP
`patrick.colsher@shearman.com
`
`
` 3
`
`
`
`
`
`
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