First Quality Retail Services, LLCv.Kimberly-Clark Worldwide, Inc.

Patent Trial and Appeal Board

Sep 10, 2014

12913362 (P.T.A.B. Sep. 10, 2014)

Trials@uspto.gov Paper 14
Tel: 571-272-7822 Entered: September 10, 2014

UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE PATENT TRIAL AND APPEAL BOARD
_______________
FIRST QUALITY RETAIL SERVICES, LLC,
Petitioner,
v.
KIMBERLY-CLARK WORLDWIDE, INC.,
Patent Owner.
_______________

Case IPR2014-00336
Patent 8,622,984 B2
_______________

Before SCOTT E. KAMHOLZ, PHILIP J. HOFFMANN, and
J. JOHN LEE, Administrative Patent Judges.

KAMHOLZ, Administrative Patent Judge.

JUDGMENT
Termination of the Proceeding
37 C.F.R. § 42.74

Case IPR2014-00336
Patent 8,622,984 B2

2

The parties filed a joint motion to terminate the instant proceeding
(Paper 13 (“Mot.”)), and a true copy of their written settlement agreement
(Ex. 1005) made in connection with the termination, in accordance with
35 U.S.C. § 317 and 37 C.F.R. § 42.74(b). The parties also jointly requested
that their settlement agreement be treated as business confidential
information under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c). Mot. 2-3.
For the reasons provided below, the joint motion to terminate is
granted. The joint request that the settlement agreement be treated as
business confidential information is also granted.
While the parties may agree to settle their issues related to the
involved patent, the Board is not a party to the settlement and may determine
independently any question of patentability. 37 C.F.R. § 42.74(a).
Patent Owner has not yet filed a Response, and the Board has not yet
decided the merits of this proceeding. The parties also have represented that
there is no active litigation or other proceedings involving the ’984 patent.
Pet. 8; Paper 4, 2-3.
In view of the parties’ settlement agreement made in connection with
the instant proceeding in accordance with 35 U.S.C. § 317(b) and 37 C.F.R.
§ 42.74(b), we determine that it is appropriate to terminate the involvement
of Petitioner. Moreover, in view of the early stage of this proceeding, and
the absence of other proceedings involving the ’984 patent, we determine
that it also is appropriate to terminate the proceeding with respect to Patent
Owner. As a result, it is appropriate to enter judgment in the form of
termination. See 37 C.F.R. § 42.2.
Case IPR2014-00336
Patent 8,622,984 B2

3

Accordingly, it is
ORDERED that the joint motion to terminate IPR2014-00336 is
granted, and this proceeding is hereby terminated as to all parties, including
Petitioner First Quality Retail Services, LLC, and Patent Owner
Kimberly-Clark Worldwide, Inc.; and
FURTHER ORDERED that the joint request that the settlement
agreement be treated as business confidential information and be kept
separate from the patent files under 35 U.S.C. § 317(b) and 37 C.F.R.
§ 42.74(c) is granted.

For PETITIONER:

Kenneth George
kgeorge@arelaw.com

Brian A. Comack
bcomack@arelaw.com

For PATENT OWNER:

Tim Williams
timw@dority-manning.com

Timothy Cassidy
tim@dority-manning.com