With the Board’s authorization, Petitioner and Patent Owner (collectively referred to as “the Parties”) filed a Joint Motion to Terminate Proceeding (Paper 12, “Joint Motion”) due to settlement.
Patent 7,250,360 B2 The Parties also represent that Exhibit 2030 is a true and correct copy of the parties’ Settlement Agreement.
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, the Board has instituted review, but has not yet issued a final written decision deciding the merits of the proceeding.
The Board does not have a procedure to serve upon parties a request for access to the Settlement Agreement, and our regulations do not require us to do so.
Patent 7,250,360 B2 ORDERED that the Joint Motion to terminate the proceeding is granted, and IPR2024-00758 is terminated; and FURTHER ORDERED that the Settlement Agreement (Exhibit 2030) be maintained as confidential business information and kept separate from the files of U.S. Patent No. 7,250,360 B2 and made available only in accordance with the provisions of 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c).