`
`571-272-7822
`Date Entered: April 20, 2017
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ELEKTA, INC.,
`Petitioner
`
`v.
`
`VARIAN MEDICAL SYSTEMS, INC.
`Patent Owner
`____________
`
`Case IPR2016-01902
`Patent 6,888,919
`____________
`
`Before BRIAN J. MCNAMARA, PATRICK M. BOUCHER, and GARTH
`D. BAER, Administrative Patent Judges.
`
`BAER, Administrative Patent Judge.
`
`
`
`DECISION
`Termination of the Proceeding
`37 C.F.R. §§ 42.72, 42.73, 42.7
`
`
`
`
`
`
`
`
`IPR2016-01902
`Patent 6,888,919
`
`
`
`On April 12 2017, the parties filed a joint motion to terminate this
`proceeding under 35 U.S.C. § 317 and 37 C.F.R. § 42.74. Paper 12. The
`parties filed a copy of their settlement agreement, in accordance with 37
`C.F.R. § 42.74(b). Ex. 2007. The parties filed also a joint request to treat
`the settlement agreement as confidential business information, pursuant to
`35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c). Paper 13. The parties indicate
`in their joint motion that termination is appropriate because the dispute
`between the parties relating to U.S. Patent No. 6,888,919 has been resolved.
`Paper 12, 1. For the reasons set forth below, we grant the joint motion to
`terminate and the joint request to treat the settlement agreement as business
`confidential information.
`Under 35 U.S.C. § 317(a), “[a]n inter partes review instituted under
`this chapter shall be terminated with respect to any petitioner upon the joint
`request of the petitioner and patent owner, unless the Office has decided the
`merits of the proceeding before the request for termination is filed.” In this
`case, briefing is not complete, and we have not had an oral hearing or issued
`a final written decision. Thus, upon consideration of the facts before us, we
`determine it is appropriate to terminate this case and enter judgment without
`rendering a final written decision. See 37 C.F.R. §§ 42.72, 42.73, 42.74.
`We determine also that the parties have complied with the requirements of
`37 C.F.R. § 42.74(c) and, therefore, we grant the parties’ joint request to
`treat the settlement agreement as business confidential information.
`Accordingly it is:
`ORDERED that the parties’ joint motion to terminate this proceeding
`is granted and this case is hereby terminated; and
`
`
`
`2
`
`
`
`IPR2016-01902
`Patent 6,888,919
`
`
`
`FURTHER ORDERED that the parties’ joint request that the
`agreement (Ex. 2115) submitted in support of their joint motion be treated as
`business confidential information, kept separate from the file of U.S. Patent
`No. 6,888,919, and made available only under the provisions of 35 U.S.C. §
`317(b) and 37 C.F.R. § 42.74(c), is granted.
`
`
`
`PETITIONER:
`Timothy May
`James Barney
`Lauren Dreyer
`Joshua Goldberg
`FINNEGAN, HENDERSON, FARAABOW, GARRETT & DUNNER, LLP
`timothy.may@finnegan.com
`james.barney@finnegan.com
`lauren.dreyer@finnegan.com
`joshua.goldberg@finnegan.com
`
`PATENT OWNER:
`Eliot Williams
`Harper Batts
`BAKER BOTTS L.L.P
`eliot.williams@bakerbotts.com
`harper.batts@bakerbotts.com
`
`
`
`3
`
`
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