`571-272-7822
`
`
`Paper No. 9
`Date: August 27, 2021
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`KINIK COMPANY,
`Petitioner,
`v.
`CHIEN-MIN SUNG,
`Patent Owner.
`
`IPR2021-00638
`Patent 9,724,802 B2
`
`
`
`
`
`
`
`
`
`Before PHILLIP J. KAUFFMAN, TIMOTHY J. GOODSON, and
`JASON W. MELVIN, Administrative Patent Judges.
`MELVIN, Administrative Patent Judge.
`
`
`
`DECISION
`Settlement Prior to Institution of Trial
`37 C.F.R. §§ 42.71, 42.74
`
`
`
`
`
`
`IPR2021-00638
`Patent 9,724,802 B2
`
`
`I. DISCUSSION
`Petitioner, Kinik Company, and Patent Owner, Chien-Min Sung
`(collectively “Parties”), request that the Petition for inter partes review in
`this proceeding be dismissed pursuant to settlement. Paper 8 (“Motion”).
`The Parties filed a copy of their Settlement Agreement. Ex. 1030.1 The
`Parties state that the Settlement Agreement “resolves all underlying disputes
`with respect to U.S. Patent No. 9,724,802,” the patent challenged in this
`proceeding. Motion 1. They note also that the district-court litigation
`between the parties “has now been dismissed with prejudice.” Id. at 2.
`This proceeding is at an early stage, and we have not yet decided
`whether to institute a trial in this proceeding. In view of the early stage of
`this proceeding and the settlement between the Parties, we determine that
`good cause exists to dismiss the Petition.
`This Order does not constitute a final written decision pursuant to
`35 U.S.C. § 318(a).
`
`II. ORDER
`
`Accordingly, it is
`ORDERED that the Joint Motion to Dismiss the Petition is granted,
`and the petition in IPR2021-00638 is dismissed.
`
`
`
`1 The parties indicate that Exhibit 1030 is a certified translation of “court
`transcripts consisting of the Settlement Agreement between Sung and
`Kinik executed before the Intellectual Property Court of Taiwan.”
`Motion 1 n.1.
`
`2
`
`
`
`Paper No. <x>
`Date: <xxx>
`
`Trials@uspto.gov
`571-272-7822
`
`PETITIONER:
`Brian C. McCormack
`Mackenzie Martin
`D. Yoon Chae
`BAKER & McKENZIE LLP
`brian.mccormack@bakermckenzie.com
`mackenzie.martin@bakermckenzie.com
`yoon.chae@bakermckenzie.com
`
`
`PATENT OWNER:
`
`Timothy Devlin
`Alex Chan
`DEVLIN LAW FIRM LLC
`Td-ptab@devlinlawfirm.com
`achan@devlinlawfirm.com
`
`
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