`571-272-7822
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`Paper 50
`Entered: August 1, 2017
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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`H&S MANUFACTURING COMPANY, INC.,
`Petitioner,
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`v.
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`OXBO INTERNATIONAL CORPORATION,
`Patent Owner.
`____________
`
`Case IPR2016-00950
`Patent 8,166,739 B2
`____________
`
`
`Before PHILLIP J. KAUFFMAN, JAMES A. TARTAL, and
`KEVIN W. CHERRY, Administrative Patent Judges.
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`TARTAL, Administrative Patent Judge.
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. §§ 42.5(a) and 42.20
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`IPR2016-00950
`Patent 8,166,739 B2
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`On July 31, 2017, Petitioner, H&S Manufacturing Company, Inc., and
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`Patent Owner, Oxbo International Corporation, notified the Board by email
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`that the parties reached a settlement in this proceeding and related litigation,
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`and requested leave to file a joint motion to terminate. The parties also
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`requested cancellation of the oral argument scheduled for August 1, 2017, in
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`this proceeding.
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`Based on the representation of the parties, we authorize the parties to
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`file a joint motion to terminate the proceeding pursuant to 37 C.F.R.
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`§ 42.72. The joint motion must: (1) include a brief explanation as to why
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`termination is appropriate; (2) identify all defendants in any related district
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`court litigation involving U.S. Patent No. 8,166,739; and (3) discuss the
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`current status of each such related litigation, if any, with respect to each
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`party to the litigation.
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`The joint motion to terminate must be accompanied by a true copy of
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`the settlement agreement of the parties, including any collateral agreements,
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`as required by 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(b). A redacted
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`version of the settlement agreement will not be accepted as a true copy of
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`the settlement agreement. If the settlement agreement is confidential, under
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`37 C.F.R. § 42.74(c), the parties must file the confidential settlement
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`agreement electronically as an exhibit in accordance with the instructions
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`provided on the Board’s website (uploading as “Parties and Board
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`Only”). The parties are directed to FAQ G2 on the Board’s website at
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`https://www.uspto.gov/patents-application-process/patent-trial-and-appeal-
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`board/ptab-e2e-frequently-asked-questions for instructions on how to file a
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`confidential settlement agreement.
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`2
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`IPR2016-00950
`Patent 8,166,739 B2
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`Additionally, the oral argument scheduled for August 1, 2017, in this
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`proceeding is cancelled. The joint motion to terminate shall be filed on, or
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`before, August 11, 2017. If a joint motion is not filed by that date, we will
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`schedule a teleconference to determine the status of the proceeding and to
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`reschedule the oral argument if necessary.
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`For the foregoing reasons, it is hereby:
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`ORDERED that the oral argument scheduled for August 1, 2017, is
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`cancelled; and,
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`FURTHER ORDERED that Patent Owner and Petitioner are
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`authorized to file a joint motion to terminate the proceeding pursuant to
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`37 C.F.R. § 42.72 on, or before, August 11, 2017.
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`3
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`IPR2016-00950
`Patent 8,166,739 B2
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`PETITIONER
`
`Brad D. Pedersen
`Eric H. Chadwick
`Michael P. Gates
`PATTERSON THUENTE PEDERSEN, P.A.
`pedersen@ptslaw.com
`chadwick@ptslaw.com
`gates@ptslaw.com
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`
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`PATENT OWNERS
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`Andrew J. Lagatta
`Gregory A. Sebald
`MERCHANT & GOULD P.C.
`alagatta@merchantgould.com
`gsebald@merchantgould.com
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`4
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