COLGATE-PALMOLIVE COMPANY

Patent Trials and Appeals Board

Feb 1, 2022

PGR2022-00001 (P.T.A.B. Feb. 1, 2022)

Trials@uspto.gov Paper: 8 571-272-7822 Entered: February 1, 2022 UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ EPL LIMITED, Petitioner, v. COLGATE-PALMOLIVE COMPANY, Patent Owner. ____________ Case PGR2022-00001 Patent 10,889,093 B2 ____________ Before CHRISTOPHER L. CRUMBLEY, CHRISTOPHER M. KAISER, and AVELYN M. ROSS, Administrative Patent Judges. KAISER, Administrative Patent Judge. DECISION Settlement Prior to Institution of Trial 37 C.F.R. § 42.74 PGR2022-00001 Patent 10,889,093 B2 2 On January 28, 2022, after email authorization by the Board, Petitioner filed an Unopposed Motion to Dismiss the Petition. Paper 6 (“Motion to Dismiss”). In addition, Petitioner filed a true copy of a Settlement Agreement, Ex. 1021, along with an Unopposed Motion to Treat the Settlement Agreement as Business Confidential Information, Paper 7 (“Confidentiality Motion”). In the Motion to Dismiss, Petitioner “requests that the Board dismiss the Petition and terminate this proceeding in its entirety.” Paper 6, 2. Petitioner contends that “[d]ismissal is proper because this PGR proceeding is still in its early stages, and the Board has not yet ‘decided the merits of the proceeding.’” Id. at 1 (quoting Samsung Electronics Co., Ltd. v. Neodron Ltd., IPR2020-01682, Paper 14, at 3 (PTAB Feb. 18, 2021)). This proceeding is in its preliminary phase, and we have not yet entered a decision on institution. We determine that good cause exists for dismissal under 37 C.F.R. § 42.71(a) for the reasons stated in the Motion to Dismiss, as well as because dismissal under the present circumstances will facilitate the just, speedy, and inexpensive resolution of this proceeding. In addition, we determine that good cause exists to treat the true copy of the Settlement Agreement as business confidential information under 37 C.F.R. § 42.74(c) for the reasons stated in the Confidentiality Motion. Accordingly, it is ORDERED that the Motion to Dismiss the Petition is granted; PGR2022-00001 Patent 10,889,093 B2 3 FURTHER ORDERED that the Motion to Treat the Settlement Agreement as Business Confidential Information under 37 C.F.R. § 42.74(c) is granted; and FURTHER ORDERED that the Petition is dismissed. PGR2022-00001 Patent 10,889,093 B2 4 For PETITIONER: Nirav Desai Trevor O’Neill STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C. ndesai-PTAB@sternekessler.com toneill-PTAB@sternekessler.com For PATENT OWNER: Scott McKeown Nicole Pobre Keyna Chow ROPES & GRAY LLP Scott.McKeown@ropesgray.com Nicole.Pobre@ropesgray.com Keyna.Chow@ropesgray.com