Halliburton Energy Services, Inc.v.Dynamic 3D Geosolutions LLC

Patent Trial and Appeal Board

Apr 29, 2015

11832514 (P.T.A.B. Apr. 29, 2015)

Trials@uspto.gov Paper 27
Tel: 571-272-7822 Entered: April 29, 2015

UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE PATENT TRIAL AND APPEAL BOARD
_______________
HALIBURTON ENERGY SERVICES, INC.,
Petitioner,

v.

DYNAMIC 3D GEOSOLUTIONS LLC,
Patent Owner.
_______________
Cases IPR2014-01186
Patent 7,986,319 B2
1

_______________

Before KARL D. EASTHOM, DAVID C. McKONE, and
KEVIN W. CHERRY, Administrative Patent Judges.

EASTHOM, Administrative Patent Judge.

JUDGMENT
Termination of the Proceedings
35 U.S.C. § 317
37 C.F.R. §§ 42.72, 42.73, 42.74

1
IPR2014-01189 and IPR2014-01190 have been consolidated with
IPR2014-01186.
IPR2014-01186
Patent 7,986,319 B2
2

On April 16, 2015, the parties filed a joint motion to terminate the
consolidated proceeding (see note 1), with a true copy of their written settlement
agreement, made in connection therewith, in accordance with 35 U.S.C. § 317 and
37 C.F.R. § 42.74(b). See Paper 25, Ex. 2001 (settlement agreement). The parties
also filed a related joint motion requesting that the settlement agreement be treated
as business confidential information under 35 U.S.C. § 317(b) and 37 C.F.R.
§ 42.74(c). Paper 26. The joint motion to terminate states that “[t]ermination of
this proceeding is proper because it is in its earliest stages of Patent Owner
discovery, and the Board has not entered a final decision.” Paper 25, 2. Patent
Owner has not filed a Patent Owner Response. See id. “Generally, the Board
expects that a proceeding will terminate after the filing of a settlement agreement.”
Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,768 (Aug. 14, 2012).
The motion to terminate also states that the lawsuit filed against Petitioner as a
defendant in district court involving the patent under review has settled, and that
the parties filed a joint motion to dismiss that lawsuit with prejudice. See Paper 25,
3–4.
Based on the foregoing, the record warrants entering judgment by
terminating each proceeding without rendering a final written decision, and
treating the settlement agreement as business confidential. See 35 U.S.C. § 317(a);
37 C.F.R. §§ 42.72 (termination), 42.73 (judgment generally), 42.74 (settlement).
A judgment “means a final written decision by the Board, or a termination of a
proceeding.” 37 C.F.R. § 42.2.
It is
ORDERED that each case, IPR2014-01186, IPR2014-01189, and IPR2014-
01190, is terminated; and
FURTHER ORDERED that the settlement agreement be treated as business
confidential information and kept separate from the patent files, and made
IPR2014-01186
Patent 7,986,319 B2
3

available only to Federal Government agencies on written request, or to any person
on a showing of good cause, pursuant to 35 U.S.C. § 317(b) and 37 C.F.R.
§ 42.74(c).

IPR2014-01186
Patent 7,986,319 B2
4

PETITIONER:

Carey Jordan
McDERMOTT WILL & EMERY LLP
ccjordan@mwe.com

PATENT OWNER:

Andrew Tower
Henry Pogorzelski
COLLINS, EDMONDS, POGORZELSKI, SCHLATHER &TOWER, PLLC
atower@cepiplaw.com
hpogorzelski@cepiplaw.com