On June 10, 2024, with the Board’s authorization, Prolime Agricultural, LLC and Caudill Seed and Warehouse Co., Inc. (“Petitioner”) filed an Unopposed Motion to Dismiss Petition for Inter Partes Review due to settlement in the above-identified proceeding challenging U.S. Patent 9,873,638 B2 (“the ’638 Patent”)).
In support of the Motion, Petitioner filed a copy of a written Settlement and License Agreement.
Petitioner and Patent Owner (collectively referred to as “the Parties”) also filed a Joint Request That Settlement Agreement Be Treated as Business Confidential Information and Be Kept Separate pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c).
In the Motion, Petitioner represents that “[t]he parties have entered into a confidential settlement agreement (‘Settlement Agreement’) that will resolve the parties’ instant dispute regarding the challenged ’638 Patent, as well as a lawsuit in the Eastern District of Michigan captioned as Sulf4r- Plus, LLC v. Prolime Agriculture, LLC (Civil Action No. 2:22-cv-12798) involving the ’638 Patent.” Mot.
Petitioner states that “a true and correct copy [of this Settlement Agreement] shall be filed with this Office as business confidential information pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(b)” as “Ex.