With the Board’s authorization, Petitioner and Patent Owner (collectively referred to as “the parties”) filed a Joint Motion to Terminate due to settlement in each of the above-identified proceedings.
The parties also filed a request to treat the Settlement Agreement as business confidential information pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74.
The parties also “certify that there are no collateral agreements or understandings made in connection with, or in contemplation of, the termination of th[ese] inter partes review[s].” Id. at 6.
We determine that good cause exists to treat the Settlement Agreement between Petitioner and Patent Owner as business confidential information pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c).
In consideration of the foregoing, it is hereby: ORDERED that the parties’ Joint Request to treat the Settlement Agreement as business confidential information under 37 C.F.R. § 42.74(c) is granted, and the Settlement Agreement (Exhibit 1021 in both cases) shall be kept separate from the files of Patents 8,924,899 B2 and 9,367,657 B2, and made available only to Federal Government agencies on written request, IPR2024-00476 (Patent 8,924,899 B2) IPR2024-00566 (Patent 9,367,657 B2) or to any person on a showing of good cause, pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c); and FURTHER ORDERED that the parties’ Joint Motion to Terminate (Paper 17 in both proceedings) is granted, and the above-identified proceedings are terminated.