`
`571-272-7822
`Date Entered: April 7, 2017
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ELEKTA, INC.,
`Petitioner
`
`v.
`
`VARIAN MEDICAL SYSTEMS INTERNATIONAL AG,
`Patent Owner
`____________
`
`Case IPR2016-00842 (Patent 7,906,770 B2)
`Case IPR2016-00843 (Patent 8,696,538 B2)
`Case IPR2016-00844 (Patent 7,880,154 B2)
`Case IPR2016-00845 (Patent 7,906,770 B2)
`Case IPR2016-01902 (Patent 6,888,919 B2)
`Case IPR2016-01904 (Patent 6,888,919 B2)1
`____________
`
`Before BRIAN J. MCNAMARA, PATRICK M. BOUCHER, and GARTH D.
`BAER, Administrative Patent Judges.
`
`BAER, Administrative Patent Judge.
`
`
`
`ORDER AUTHORIZING MOTION TO TERMINATE
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`1 The parties are not authorized to use this style of caption.
`
`
`
`
`
`IPR2016-00842 (Patent 7,906,770 B2)
`IPR2016-00843 (Patent 8,696,538 B2)
`IPR2016-00844 (Patent 7,880,154 B2)
`IPR2016-00845 (Patent 7,906,770 B2)
`IPR2016-01902 (Patent 6,888,919 B2)
`IPR2016-01904 (Patent 6,888,919 B2)
`
`
`In e-mail correspondence on April 4, 2017, the parties advised the Board
`they seek authorization to file a joint motion to terminate IPR2016-00842,
`IPR2016-00843, IPR2016-00844, IPR2016-00845, IPR2016-01902, and IPR2016-
`01904, along with a joint motion to treat the corresponding settlement agreements
`as business confidential information in each case. We authorize the parties to do
`so.
`
`The parties may agree to settle any issue in a proceeding pursuant to a
`written agreement, a copy of which must be filed with the Board before
`termination of the trial. 37 C.F.R. § 42.74(a)–(b). We remind the parties that
`“[a]ny agreement or understanding between the patent owner and a petitioner,
`including any collateral agreements referred to in such agreement or
`understanding, made in connection with, or in contemplation of, the termination of
`an inter partes review under this section shall be in writing and a true copy of such
`agreement or understanding shall be filed in the Office before the termination of
`the inter partes review.” 35 U.S.C. § 317(b). Each Joint Motion to Terminate also
`must include a statement certifying that there are no additional collateral
`agreements or understandings made in connection with, or in contemplation of,
`termination of the inter partes review.
`Each Motion to Terminate should explain the reasons the parties seek
`termination and why termination is appropriate. Each Joint Motion to Terminate
`must update the Board concerning the status of any litigation or proceeding,
`including but not limited to proceedings in the U.S. Patent and Trademark Office
`involving the subject patent, and advise the Board whether any litigation or
`proceeding involving the subject patent is contemplated in the foreseeable future.
`2
`
`
`
`
`
`IPR2016-00842 (Patent 7,906,770 B2)
`IPR2016-00843 (Patent 8,696,538 B2)
`IPR2016-00844 (Patent 7,880,154 B2)
`IPR2016-00845 (Patent 7,906,770 B2)
`IPR2016-01902 (Patent 6,888,919 B2)
`IPR2016-01904 (Patent 6,888,919 B2)
`
`
`A party to a settlement may request that any written agreement be treated as
`business confidential information and be kept separate from the files of an
`involved patent. 35 U.S.C. § 317(b); 37 C.F.R. § 42.74(c). The request must be
`filed with the settlement. Id.
`It is ORDERED that the parties are authorized to file a Joint Motion to
`Terminate proceeding and a Joint Request That the Settlement Agreement Be
`Treated as Business Confidential Information for IPR2016-00842,
`IPR2016-00843, IPR2016-00844, IPR2016-00845, IPR2016-01902, and IPR2016-
`01904.
`
`
`
`
`
`
`3
`
`
`
`IPR2016-00842 (Patent 7,906,770 B2)
`IPR2016-00843 (Patent 8,696,538 B2)
`IPR2016-00844 (Patent 7,880,154 B2)
`IPR2016-00845 (Patent 7,906,770 B2)
`IPR2016-01902 (Patent 6,888,919 B2)
`IPR2016-01904 (Patent 6,888,919 B2)
`
`
`
`
`
`PETITIONER:
`
`
`Timothy J. May
`James R. Barney
`Lauren Dreyer
`Joshua L. Goldberg
`FINNEGAN, HENDERSON, FARAABOW, GARRETT & DUNNER, LLP
`timothy.may@finnegan.com
`james.barney@finnegan.com
`lauren.dreyer@finnegan.com
`josha.goldberg@finnegan.com
`
`
`
`PATENT OWNER:
`
`Eliot Williams
`Harper Batts
`BAKER BOTTS L.L.P.
`eliot.williams@bakerbotts.com
`harper.batts@bakerbotts.com
`
`
`
`
`4
`
`
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