throbber
Trials@uspto.gov
`571-272-7822
`
`Paper 14
`Date: June 27, 2024
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`AMAZON.COM, INC.,
`Petitioner,
`v.
`DYNAPASS IP HOLDINGS, LLC,
`Patent Owner.
`
`IPR2024-00283
`Patent 6,993,658 B1
`
`
`
`
`
`
`
`
`
`Before KEVIN F. TURNER, LYNNE H. BROWNE, and
`JASON M. REPKO, Administrative Patent Judges.
`BROWNE, Administrative Patent Judge.
`
`TERMINATION
`Due to Settlement Before Institution of Trial
`35 U.S.C. § 317; 37 C.F.R. § 42.74
`The parties filed a joint motion to terminate the instant proceeding on
`the basis of a settlement reached by the parties. See Paper 11 (“Mot.”);
`35 U.S.C. § 317(a); 37 C.F.R. §§ 42.72, 42.74. The parties also filed a copy
`of their written settlement agreement (Exhibit 1014), along with a joint
`request (Paper 13) to treat the agreement as business confidential
`information under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c).
`Trial has not been instituted in the instant proceeding. In the joint
`motion to terminate, the parties represent that they “have settled their dispute
`
`
`
`

`

`IPR2024-00283
`Patent 6,993,658 B1
`
`and executed a settlement agreement to terminate this proceeding.” Mot. 1.
`The parties further state that they filed a “true and correct copy” of their
`settlement agreement and “there are no other agreements, oral or written,
`between the parties made in connection with, or in contemplation of, the
`termination of the proceeding.” Id. Under these circumstances, we
`determine that it is appropriate to terminate the instant proceeding without
`rendering any further decisions.
`In consideration of the foregoing, it is hereby:
`ORDERED that the parties’ request that the settlement agreement
`(Exhibit 1014) be treated as business confidential information, kept separate
`from the file of U.S. Patent No. 6,993,658 B1, and made available only to
`Federal Government agencies on written request, or to any person on a
`showing of good cause, under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c),
`is granted; and
`FURTHER ORDERED that the joint motion to terminate is granted
`and the proceeding is hereby terminated.
`
`
`2
`
`

`

`IPR2024-00283
`Patent 6,993,658 B1
`
`FOR PETITIONER:
`
`Alexander B. Stein
`Ahren C. Hsu-Hoffman
`Austin L. Zuck
`MORGAN, LEWIS & BOCKIUS LLP
`alexander.stein@morganlewis.com
`ahren.hsu-hoffman@morganlewis.com
`austin.zuck@morganlewis.com
`
`
`FOR PATENT OWNER:
`
`John Wittenzellner
`Michael James Fagan, Jr.
`Mark McCarthy
`WILLIAMS SIMONS & LANDIS PLLC
`johnw@wsltrial.com
`mfagan@wsltrial.com
`mmccarthy@wsltrial.com
`
`3
`
`

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