`571-272-7822
`
`
`
` Paper 8
`Entered: February 28, 2017
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`BOBA, INC.,
`Petitioner,
`
`v.
`
`THE ERGO BABY CARRIER, INC.,
`Patent Owner.
`____________
`
`Case IPR2016-01866 (Patent 8,590,757 B2)1
`Case IPR2016-01870 (Patent 9,022,260 B2)
`
`Before JEREMY M. PLENZLER, FRANCES L. IPPOLITO, and
`KEVIN W. CHERRY, Administrative Patent Judges.
`
`IPPOLITO, Administrative Patent Judge.
`
`ORDER
`Joint Motion to Terminate
`35 U.S.C. § 317; 37 C.F.R. §§ 42.72, 42.74
`
`
`1This Decision addresses similar issues in the referenced cases, therefore, we
`issue a single Decision to be filed in each case.
`
`
`
`
`
`IPR2016-01866 (Patent 8,590,757 B2)
`IPR2016-01870 (Patent 9,022,260 B2)
`
`
`On February 22, 2017, the parties filed a Joint Motion to Terminate
`Proceeding in each of the above-identified proceedings. IPR2016-01866,
`Paper 6; IPR2016-01870, Paper 6. The parties further filed a true copy of a
`Settlement Agreement (Ex. 2002) and a Joint Motion to File Settlement
`Agreement as Business Information under 35 U.S.C. § 317 (IPR2016-01866,
`Paper 7; IPR2016-01870, Paper 7). The above filings were authorized
`pursuant to an email sent by the Board on February 14, 2017.
`Each of these proceedings is in an early stage and no decision whether
`to institute inter partes review has been made. Additionally, the parties
`represent that the “related district court case (complaint filed as Ex. 1023)
`has also been settled . . . [and] [n]o litigation or proceeding involving the
`subject patents is contemplated in the foreseeable future.” IPR2016-01866,
`Paper 6, 1; IPR2016-01870, Paper 6, 1.
`Based on the facts of the instant proceeding, it is appropriate to
`terminate these proceedings. Therefore, the joint motions to terminate the
`proceedings are granted.
`
`
`Accordingly, it is
`ORDERED that the joint motions to terminate the proceedings are
`granted; and
`FURTHER ORDERED that the parties’ joint requests that the
`Settlement Agreement (Ex. 2002) be treated as business confidential
`information, kept separate from the patent file are granted.
`
`
`2
`
`
`
`
`
`
`
`IPR2016-01866 (Patent 8,590,757 B2)
`IPR2016-01870 (Patent 9,022,260 B2)
`
`
`
`
`PETITIONER:
`Adam Seitz
`adam.seitz@eriseip.com
`
`Kathleen Fitterling
`kathleen.fitterling@eriseip.com
`
`
`
`PATENT OWNER:
`Justin Poplin
`aquinn@lathropgage.com
`
`Anna Quinn
`jpoplin@lathropgage.com
`
`
`
`3
`
`
`
`