`571.272.7822
`
`
`
`
`
`
`Paper No. 24
`
` Entered: April 26, 2017
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SANTA’S BEST,
`Petitioner,
`
`v.
`
`VARIABLE LIGHTING LLC,
`Patent Owner.
`____________
`
`Case IPR2016-01066
`Patent 6,285,140 B1
`____________
`
`
`
`Before THOMAS L. GIANNETTI, PATRICK M. BOUCHER, and
`MELISSA A. HAAPALA, Administrative Patent Judges.
`
`HAAPALA, Administrative Patent Judge.
`
`
`
`
`
`DECISION
`Joint Motion to Terminate
`35 U.S.C. § 317 and 37 C.F.R. §§ 42.72, 42.74
`
`Pursuant to our authorization, on April 13, 2017, the parties filed a
`joint Motion to Terminate this proceeding. Paper 22. The parties represent
`that termination is appropriate because Patent Owner has granted Petitioner
`an irrevocable settlement agreement and full release from any liability with
`
`
`
`
`
`IPR2016-01066
`Patent 6,285,140 B1
`
`
`
`
`
`
`
`respect to U.S. Patent No. 6,285,140 and the parties have resolved all related
`district court suits. Id. at 1, 3. Along with the motion, the parties filed a
`copy of a document they represent is a “true copy of the Agreement”
`between the parties as Exhibit 1013, and a joint Request to Keep Papers
`Separate, in which the parties request Exhibit 1013 be treated as business
`confidential information pursuant to 35 U.S.C. § 317(b) and 37 C.F.R.
`§ 42.74(c). Paper 23.
`
`“An inter partes review instituted under this chapter shall be
`terminated with respect to any petitioner upon the joint 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.” 35 U.S.C.
`§ 317(a). This trial was instituted on October 21, 2016, and is still in the
`preliminary stages. Under the circumstances, we determine that it is
`appropriate to terminate this proceeding with respect to all parties without
`rendering a final written decision. We further determine the Request to
`Keep Papers Separate was timely filed with the settlement agreement as
`required by 37 C.F.R. § 42.74(c), and, therefore, grant the request to treat the
`agreement as business confidential information.
`
`It is
`
`ORDERED that the joint Motion to Terminate the captioned
`proceeding is granted; and
`
`FURTHER ORDERED that the joint request that the settlement
`agreement (Ex. 1013) be treated as business confidential information
`pursuant to § 317(b) and 37 C.F.R. § 42.74(c) is granted.
`
`
`
`
`
`
`2
`
`
`
`IPR2016-01066
`Patent 6,285,140 B1
`
`
`
`
`
`
`
`
`For PETITIONER:
`Jason D. Eisenberg
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`jasone-ptab@skgf.com
`
`William W. Cochran
`COCHRAN FREUND & YOUNG LLC
`billc@patentlegal.com
`
`
`For PATENT OWNER:
`Padmaja Chinta
`CITTONE & CHINTA LLP
`pchinta@cittonechinta.com
`
`Andrew Berks
`andrew@berksiplaw.com
`
`3
`
`
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