`Paper 6
`
`Patent 8,590,757
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`BOBA, INC.
`
`Petitioner
`
`THE ERGO BABY CARRIER, INC.
`
`Patent Owner
`
`Case IPR201.6-01866
`
`Patent 8,590,757
`
`JOINT MOTION TO TERMINATE PROCEEDING
`PURSUANT TO 35 U.S.C. § 317
`
`2701.')6nfivl
`
`
`
`Case IPR2016-01866
`Paper 6
`
`Patent 8,590,757
`
`By emails dated February 13, 2017 and February 14, 2017, the parties
`
`sought and the Board authorized the filing of a joint motion to terminate these
`
`proceedings and a joint request to file the settlement agreement as business
`
`confidential information. See Exhibit 2001. Patent Owner The Ergo Baby Carrier,
`
`Inc. ("Ergo Baby") and Petitioner Boba, Ine. ("Boba") jointly request termination
`
`of the Inter Partes Review of U.S. Patent No. 8,590,757, Case No. IPR2016-01 866.
`
`Boba filed its petition for inter partes review of claims 1-23 of the '757
`
`Patent on 9/23/2016.
`
`Ergo Baby did not file a preliminary response, and the
`
`USPTO has not entered a decision on Boba's petition.
`
`The parties have settled their dispute, and have reached agreement to
`
`terminate this inter partes review. This Settlement Agreement has been made in
`
`writing, and a true and correct copy is filed as Exhibit 2002 as business
`
`confidential information pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c).
`
`There are no collateral agreements or understandings made in connection with, or
`
`in contemplation of, the termination of this inter partes review.
`
`The related district court case (complaint filed as Ex. 1023) has also been
`
`settled, and the parties are also requesting termination of IPR2016-01870. No
`
`litigation or proceeding involving the subject patents is contemplated in the
`
`foreseeable future.
`
`27015fif)8vl
`
`
`
`Case TPR2016-01866
`Paper 6
`
`Patent 8,590,757
`
`Respectfully submitted.
`
`FOR PATENT OWNER:
`Lathrop & Gage LLP
`/A, Justin Poplin/
`A. Justin Poplin, Reg. No. 53,476
`Anna Quinn, Reg. No. 72,744
`10851 Mas tin Blvd, Ste. 1000
`Overland Park, KS 66210
`Phone: 913-451-5100
`
`FOR PETITIONER:
`Frise IP, P.A.
`/Adam P. Seitz/
`Adam P. Scitz, Reg. No.
`Kathleen Fitteriing, Reg. No.
`6201 College Blvd., Suite 300
`Overland Park, KS 66207
`Phone: 913-777-5600
`
`270I560SY 1
`
`2
`
`
`
`Case IPR2016-01866
`
`Patent 8,590,757
`
`CERTIFICATE OF SERVICE
`The undersigned hereby certifies that a copy of the foregoing JOINT
`MOTION TO TERMINATE PROCEEDING PURSUANT TO 35 U.S.C. § 317,
`complete with Exhibits 2001 and 2002, was served electronically via e-mail
`TTL 2017, in its
`(pursuant to Petitioner's consent to service by e-mail) on February
`entirety on Attorneys for Petitioner at the following addresses:
`
`Adam, Seitz@eriseip.com
`
`Michellc.MaiTiott@eriseip.com
`
`Kathleen.Fittcrling@eriseip.com
`
`Dated: February^". 2017
`
`A. Justin Poplin (53,476) \
`Lathrop & Gage LLP
`10851 MastinBlvd., Ste. 1000
`Overland Park, KS 66210
`Telephone: 913-451-5100
`
`27015608vI
`
`
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