`571-272-7822
`
`Paper No. 9
`
` Entered: August 31, 2016
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`UMICORE AG & CO. KG,
`Petitioner,
`
`v.
`
`BASF CORPORATION,
`Patent Owner.
`
`____________
`
`Cases IPR2016-00610, IPR2016-00612, IPR2016-00613
`Patents 8,899,023 B2, 9,032,709 B2, 9,039,982 B2
`____________
`
`
`
`Before CHRISTOPHER L. CRUMBLEY, JO-ANNE M. KOKOSKI, and
`JEFFREY W. ABRAHAM, Administrative Patent Judges.
`
`ABRAHAM, Administrative Patent Judge.
`
`ORDER
`Dismissing the Petitions
`37 C.F.R. §§ 42.5(a), 42.71(a)
`
`
`
`
`
`On August 30, 2016, with Board authorization, the parties filed in
`each proceeding a Joint Motion to Terminate. IPR2016-00610, Paper 7;
`
`
`
`Cases IPR2016-00610, IPR2016-00612, IPR2016-00613
`Patents 8,899,023 B2, 9,032,709 B2, 9,039,982 B2
`
`IPR2016-00612, Paper 7; IPR2016-00613, Paper 7. With the Joint Motions,
`the parties filed a copy of a written settlement agreement and a Joint Request
`to have the settlement agreement treated as confidential business information
`under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c). IPR2016-00610, Paper
`8 and Ex. 1014; IPR2016-00612, Paper 8 and Ex. 1018; IPR2016-00613,
`Paper 8 and Ex. 1014.
`
`These proceedings are at an early stage. The Board has not yet
`determined whether to institute trial. The parties indicate that they have
`agreed to resolve their disputes related to the challenged patents. See, e.g.,
`IPR 2016-00612, Paper 7, 1. Under these circumstances, we determine that
`it is appropriate to dismiss each petition. See 37 C.F.R. §§ 42.5(a), 42.71(a).
`This paper does not constitute a final written decision pursuant to 35 U.S.C.
`§ 318(a).
`
`As requested by the parties, the settlement agreement will be treated
`as business confidential information and kept separate from the patent files.
`37 C.F.R. § 42.74(c).
`
`
`In view of the foregoing, it is
`ORDERED that the Joint Motions to terminate Cases IPR2016-00610
`(Paper 7), IPR2016-00612 (Paper 7), and IPR2016-00613 (Paper 7) are
`granted;
`FURTHER ORDERED that the Petitions for Inter Partes Review in
`Cases IPR2016-00610, IPR2016-00612, and IPR2016-00613 are dismissed;
`and
`
`FURTHER ORDERED that the parties’ Joint Requests to have their
`settlement agreement (IPR2016-00610, Ex. 1014; IPR2016-00612,
`
`
`
`2
`
`
`
`Cases IPR2016-00610, IPR2016-00612, IPR2016-00613
`Patents 8,899,023 B2, 9,032,709 B2, 9,039,982 B2
`
`Ex. 1018; IPR2016-00613, Ex. 1014) treated as business confidential
`information, to be kept separate from the patent files, are granted.
`
`
`
`PETITIONER:
`
`Elizabeth Gardner
`Richard DeLucia
`ORRICK, HERRINGTON, & SUTCLIFFE LLP
`E1APTABDocket@orrick.com
`rdelucia@orrick.com
`
`
`
`PATENT OWNER:
`
`Brian Ferguson
`Anish Desai
`WEIL, GOTSHAL & MANGES LLP
`brian.ferguson@weil.com
`anish.desai@weil.com
`
`
`
`
`
`3
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