`________________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________
`APEX TOOL GROUP, LLC,
`Petitioner,
`
`v.
`
`MILWAUKEE ELECTRIC TOOL CORPORATION,
`Patent Owner.
`________________
`Case No. PGR2020-00056
`Patent 10,422,617
`________________
`
`JOINT MOTION TO TERMINATE
`
`
`
`Joint Motion to Terminate
`PGR2020-00056
`
`As authorized by the Board in an email sent on October 6, 2020,
`
`pursuant to 37 C.F.R. §§ 42.71 and 42.74, Petitioner and Patent Owner jointly
`
`request termination of the proceeding related to the petition for post-grant
`
`review of U.S. Pat. No. 10,422,617 (Case. No. PGR2020-00056).
`
`The parties have settled their dispute and executed a settlement
`
`agreement to terminate this proceeding.
`
`The parties’ settlement agreement is in writing, and a true and correct
`
`copy is being filed under 37 C.F.R. § 42.74(b). The parties hereby represent
`
`that there are no other agreements, oral or written, between the parties made in
`
`connection with, or in contemplation of, the termination of this proceeding.
`
`The parties are also concurrently filing a joint request to treat the
`
`settlement agreement as business confidential information and keep it separate
`
`from the files of this proceeding and the involved patent under 35 U.S.C. §
`
`327(b) and 37 C.F.R. § 42.74(c).
`
`Dismissal of this proceeding under 35 U.S.C. § 327(a) and 37 C.F.R. §
`
`42.71(a) is proper because the Board has yet to issue an institution decision,
`
`1
`
`
`
`Joint Motion to Terminate
`PGR2020-00056
`
`and these proceedings are still at an early stage. See Samsung Elecs. Co. v.
`
`Fundamental Innovation Sys. Int’l, Ltd., IPR2018-00605 (PTAB July 16,
`
`2018) (Paper No. 10).
`
`Accordingly, the parties respectfully request termination of this
`
`proceeding.
`
`DATED this 6th day of October, 2020.
`
`Respectfully submitted,
`
` / Alexander B. Stein /
`Alexander B Stein, Reg. No. 71,397
`Morgan, Lewis & Bockius LLP
`1400 Page Mill Road
`Palo Alto, CA, 94304
`
`Jason C. White, Reg. No. 42,223
`Morgan, Lewis & Bockius LLP
`77 West Wacker Drive
`Chicago, IL, 60601
`
`Attorneys for Patent Owner,
`Milwaukee Electric Tool
`Corporation
`
` / Bradley W. Micsky /
`Bradley W. Micsky
`Nathan D. Louwagie
`Carlson Caspers Vandenburgh &
`Lindquist, PA
`Capella Tower, Suite 4200
`225 South Sixth Street
`Minneapolis, MN 55402 USA
`
`Counsel for Petitioner, Apex Tool
`Group, LLC
`
`2
`
`
`
`Joint Motion to Terminate
`PGR2020-00056
`
`CERTIFICATE OF SERVICE
`Pursuant to 37 C.F.R. § 42.6(e), it is hereby certified that on October 6,
`
`2020, a copy of this JOINT MOTION TO TERMINATE was sent via email to
`
`Petitioner’s counsel of record:
`
`Bradley W. Micsky
`(bmicsky@carlsoncaspers.com)
`Nathan D. Louwagie
`(nlouwagie@carlsoncaspers.com)
`apex617pgr@carlsoncaspers.com
`
`Dated: October 6, 2020
`
`Respectfully Submitted,
`
` / Marilyn Doris /
`Marilyn Doris
`Legal Secretary at Morgan, Lewis &
`Bockius LLP
`
`3
`
`
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