`571-272-7822
`
`Paper 20
`Date Entered: August 21, 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`NEST LABS,INC.,
`Petitioner,
`
`“v.
`
`ALLURE ENERGY,INC.,
`Patent Owner.
`
`Case IPR2015-00181
`Patent 8,571,518 B2
`
`Before BART A. GERSTENBLITH, CHRISTOPHER L. CRUMBLEY,and
`KEVIN W. CHERRY,Administrative Patent Judges.
`
`CHERRY,Administrative Patent Judge.
`
`JUDGMENT
`Termination of the Proceeding
`37 CFR. § 42.73
`
`On August 14, 2015, and pursuant to 35 U.S.C. § 317 and 37 C.F.R.
`§ 42.74,the parties filed a joint motion to terminate this proceeding.
`Paper 19. As part of the joint motion to terminate, the parties further request
`
`to have their settlement agreementtreated as confidential business
`
`
`
`IPR2015-00181
`Patent 8,571,518 B2
`
`information under 35 U.S.C. § 317(b) and 37 C.F.R.§ 42.74(c).' Id. at 1.7
`
`In the joint motion, the parties represent that the settlement agreementfiled
`
`is a true copy and resolvesall disputes between the parties. Id.
`
`This inter partes review wasinstituted on May 1, 2015. Atthis
`
`juncture of the proceeding, the Board does not have beforeit full briefing on
`
`the trial issues; oral argumenthas not been held; and the Board has not
`
`entered a final decision. Based on the facts of this case, it is appropriate to
`enter judgment.’ Therefore, the joint motion to terminate the proceeding is
`
`granted.
`
`Accordingly, it is
`
`ORDEREDthatthe parties’ joint request that the settlement
`
`agreement (Exhibits 1013 and 1014) be treated as business confidential
`
`information, to be kept separate from the patentfile is granted;
`
`FURTHER ORDEREDthatthe settlement agreement (Exhibits 1013
`
`and 1014) shall be made available only pursuantto the provisions of
`
`37 CER. § 42.74(c);
`
`' Theparties filed two copies of the settlement agreement (Exs. 1013 and
`1014). Exhibit 1013 is unredacted and Exhibit 1014 has certain limited
`information redacted. Ona call with the parties held on August 13, 2015,
`the parties represented that both Exhibits 1013 and 1014 have confidential
`business information that they wishedto be treated as such under 37 C.F.R.
`§ 42.74(c). The parties wished to provide the redacted copy in order to
`provide additional protection against disclosure of certain extremely
`sensitive information in the unredacted copy.
`’ Theparties’ Joint Request wasfiled as the same paperas their Motion
`(Paper 20), but with restarted page numbers. Accordingly, the Joint Request
`is pages 5—7 of Paper 20.
`.
`aN judgment meansa final written decision by the Board,or a termination
`of a proceeding. 37 C.F.R. § 42.2.
`
`2
`
`
`
`IPR2015-00181
`Patent 8,571,518 B2
`
`FURTHER ORDEREDthatthe joint motion to terminate the
`proceeding is granted; and
`|
`FURTHER ORDEREDthat the proceedingis terminated.
`
`ForPetitioner:
`
`John Dragseth
`Stuart Nelson
`Fish & Richardson P.C.
`dragseth@fr.com
`snelson@fr.com
`
`Kevin McGann
`White & Case LLP
`kmcgann@whitecase.com
`
`For Patent Owner:
`
`John Artz
`Bryan Schomer
`Dickinson Wright PLLC
`jsartz@dickinsonwright.com
`bschomer@dickinsonwright.com
`
`
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