Halliburton Energy Services, Inc.v.Dynamic 3D Geosolutions LLCDownload PDFPatent Trial and Appeal BoardApr 29, 201511832514 (P.T.A.B. Apr. 29, 2015) Copy Citation 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 Copy with citationCopy as parenthetical citation