`571-272-7822
`
`
`
`Paper 38
`Entered: February 3, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ANCESTRY.COM DNA, LLC,
`Petitioner,
`
`v.
`
`DNA GENOTEK INC.,
`Patent Owner.
`____________
`
`Case IPR2016-00060
`Patent 8,221,381 B2
`____________
`
`
`
`
`
`Before WILLIAM V. SAINDON, HYUN J. JUNG, and
`MICHELLE N. WORMMEESTER, Administrative Patent Judges.
`
`WORMMEESTER, Administrative Patent Judge.
`
`JUDGMENT
`Termination of Proceeding Pursuant to Settlement After Institution
`37 C.F.R. § 42.72
`
`
`
`
`
`
`
`
`IPR2016-00060
`Patent 8,221,381 B2
`
`
`On February 1, 2017, the parties filed a joint motion to terminate the
`instant proceeding pursuant to a Settlement and License Agreement
`(“Settlement Agreement”). Paper 36. The parties also filed a copy of their
`Settlement Agreement (Ex. 2013), made in connection with the termination
`of the instant proceeding, in accordance with 35 U.S.C. § 317(b) and 37
`C.F.R. § 42.74(b). Paper 36, 1–2. In a concurrently filed paper, the parties
`jointly request that the Settlement Agreement be treated as business
`confidential information and be kept separate from the file of the involved
`patent. Paper 37.
`The Board instituted trial (Paper 19) on April 8, 2016, and conducted
`an oral hearing on December 6, 2016. Although this proceeding is in an
`advanced stage, the parties have reached agreement to terminate the
`proceeding. Paper 36, 1. The parties represent that “there are no collateral
`agreements or understandings, oral or written, made in connection with, or
`in contemplation of, the termination of this inter partes review, and that the
`Settlement Agreement reflects the final settlement and resolution of all
`disputes between Patent Owner and Petitioner regarding this inter partes
`review.” Id. at 1–2. The parties further represent that Exhibit 2013 is “a
`true copy” of the Settlement Agreement. Id. at 1.
`Based on these facts, we determine that it is appropriate to terminate
`the instant proceeding without rendering a final written decision under 37
`C.F.R. § 42.72.
`
`Accordingly, it is
`ORDERED that the joint motion to terminate the instant proceeding is
`granted;
`
`2
`
`
`
`IPR2016-00060
`Patent 8,221,381 B2
`
`
`FURTHER ORDERED that the instant proceeding is hereby
`terminated;
`FURTHER ORDERED that the parties’ joint request that the
`Settlement Agreement (Ex. 2013) be treated as business confidential
`information and be kept separate from the file of the involved patent is
`granted; and
`FURTHER ORDERED that the Settlement Agreement (Ex. 2013) be
`treated as business confidential information and be kept separate from the
`file of the involved patent, under 37 C.F.R § 42.74(c), and made available
`only under the provisions of 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c).
`
`3
`
`
`
`FOR PETITIONER:
`
`Daniel Becker
`Jennifer R. Bush
`FENWICK & WEST LLP
`DBecker-PTAB@fenwick.com
`Jbush-ptab@fenwick.com
`
`FOR PATENT OWNER:
`
`Brian M. Kramer
`Peng Chen
`Desmond O'Sullivan
`Chika Arakawa
`MORRISON & FOERSTER LLP
`60414-381-IPR@mofo.com
`
`
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