Ellison Educational Equipment, Inc.

Patent Trials and Appeals Board

May 12, 2020

IPR2020-00150 (P.T.A.B. May. 12, 2020)

Trials@uspto.gov Paper No. 15
571.272.7822 Filed: May 12, 2020

UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

STEPHANIE BARNARD DESIGNS, INC.,
Petitioner,

v.

ELLISON EDUCATIONAL EQUIPMENT, INC.,
Patent Owner.
____________

IPR2020-00150
Patent 9,079,325 B2
____________

Before MEREDITH C. PETRAVICK, PATRICK R. SCANLON, and
SCOTT A. DANIELS, Administrative Patent Judges.

SCANLON, Administrative Patent Judge.

DECISION
Settlement Prior to Institution of Trial
37 C.F.R. § 42.74
IPR2020-00150
Patent 9,079,325 B2

2
On May 7, 2020, pursuant to our authorization, Petitioner, Stephanie
Barnard Designs, Inc., and Patent Owner, Ellison Educational Equipment,
Inc., filed a Joint Motion to Terminate this proceeding. Paper 13 (“Mot.”).
With the Joint Motion, the parties filed a true and correct copy of their
written settlement agreement memorializing the resolution of their disputes.
Ex. 1035 (“Settlement Agreement”). The parties also filed a Joint Request
that the Settlement Agreement be treated as confidential business
information under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c). Paper 14.
In the Joint Motion, the parties represent that they have resolved their
dispute in this proceeding. Mot. 1. The parties also represent that they have
resolved the only other dispute between them. Id. (citing Ellison Educ.
Equip., Inc. v. Stephanie Barnard Designs, Inc., 8:18-cv-02043).
Furthermore, the parties represent that they have agreed to terminate this
proceeding and have no other collateral agreements or understandings in
connection with, or in contemplation of, the termination of this proceeding.
Id. at 2.
This proceeding is at an early stage, as the Board has not yet made a
decision whether to institute an inter partes review. Under these
circumstances, and in view of the parties’ representations in the Joint
Motion, we determine that it is appropriate to terminate this proceeding.
We also determine that it is appropriate that the Settlement Agreement
be treated as confidential business information under 35 U.S.C. § 317(b) and
37 C.F.R. § 42.74(c).

IPR2020-00150
Patent 9,079,325 B2

3
Accordingly, it is:
ORDERED that the Joint Motion to Terminate is granted, and this
proceeding is terminated; and
FURTHER ORDERED that the parties’ Joint Request is granted, and
the Settlement Agreement (Exhibit 1035) be treated as confidential business
information and kept separate from the patent file.
IPR2020-00150
Patent 9,079,325 B2

4

PETITIONER:

Bobby W. Braxton
Gregory Perrone
BRAXTON PERRONE, PLLC
braxton@braxtonperrone.com
perrone@braxtonperrone.com

PATENT OWNER:

Douglas Hahn
dhahn@sycr.com

Andrew McCoy
Andrew.mccoy.ptab@faegredrinker.com