Enzymotec Ltd. and Enzymotec USA, Inc. v Neptune Technologies and Bioresources, Inc.Download PDFPatent Trial and Appeal BoardMay 12, 201413189714 (P.T.A.B. May. 12, 2014) Copy Citation Trials@uspto.gov Paper 11 571-272-7822 Entered: May 12, 2014 UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ ENZYMOTEC LTD. and ENZYMOTEC USA, INC. Petitioner v. NEPTUNE TECHNOLOGIES AND BIORESOURCES, INC. Patent Owner ____________ Case IPR2014-00586 Patent 8,278,351 ____________ Before LORA M. GREEN, JACQUELINE WRIGHT BONILLA, and SHERIDAN K. SNEDDEN, Administrative Patent Judges. GREEN, Administrative Patent Judge. JUDGMENT Termination of the Proceeding 37 C.F.R. § 42.73 Case IPR2014-00586 Patent 8,278,351 2 On May 7, 2014, and pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74, the parties filed a copy of a settlement (Ex. 2001) agreement along with a joint request to treat the settlement agreement as business confidential, to be separate from the patent file. Paper 9. The parties filed also a joint motion to terminate the proceeding pursuant to 35 U.S.C. § 317. Paper10. This case is in the preliminary proceeding1 stage; no institution of a trial has been made. Based on the facts of this case, it is appropriate to enter judgment.2 Therefore, the joint motion to terminate the proceeding is GRANTED. Accordingly, it is ORDERED that the parties’ request that the settlement agreement be treated as business confidential information, to be kept separate from the patent file, is GRANTED; FURTHER ORDERED that the joint motion to terminate the proceeding is GRANTED; FURTHER ORDERED that the proceeding is TERMINATED. 1 A preliminary proceeding begins with the filing of a petition for instituting a trial and ends with a written decision as to whether trial will be instituted. 37 C.F.R. § 42.2. 2 A judgment means a final written description by the Board, or a termination of a proceeding. 37 C.F.R. § 42.2. Case IPR2014-00586 Patent 8,278,351 3 For PETITIONER: Elizabeth J. Holland Cynthia Lambert Hardman KENYON & KENYON LLP eholland@kenyon.com chardman@kenyon.com For PATENT OWNER: Stephen L. Altieri, Ph.D. J. Dean Farmer, Ph.D. Cooley LLP saltieri@cooley.com dfarmer@cooley.com zpatdcdocketing@cooley.com Copy with citationCopy as parenthetical citation