Honeywell International Inc.v.HVAC Modulation Technologies LLCDownload PDFPatent Trial and Appeal BoardAug 27, 201308378516 (P.T.A.B. Aug. 27, 2013) Copy Citation Trials@uspto.gov Paper 18 571-272-7822 Entered: August 27, 2013 UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ HONEYWELL INTERNATIONAL INC. Petitioner v. HVAC MODULATION TECHNOLOGIES LLC Patent Owner ____________ Case IPR2013-00096 Patent 5,590,642 Before JOSIAH C. COCKS, MICHAEL R. ZECHER, and JUSTIN T. ARBES, Administrative Patent Judges. ARBES, Administrative Patent Judge. JUDGMENT Termination of the Proceeding 37 C.F.R. § 42.72 Case IPR2013-00096 Patent 5,590,642 2 On August 22, 2013, the parties filed a joint motion (Paper 15) to terminate the instant proceeding. See 35 U.S.C. § 317(a); 37 C.F.R. § 42.72. The parties also filed a copy of their written settlement agreement (Exhibit 1026) and a request (Paper 16) to treat the settlement agreement as business confidential information under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c). The instant proceeding is still in the preliminary stages. The Board instituted a trial on May 14, 2013, and Patent Owner has not yet filed its response or any motion to amend claims. The parties further represent that the five pending district court litigations involving Patent 5,590,642 have been dismissed with prejudice. See Paper 15 at 3. The parties identify no other related matters. Under the circumstances, the Board determines that it is appropriate to terminate the trial without rendering a final written decision. See 37 C.F.R. § 42.72. In consideration of the foregoing, it is hereby: ORDERED that the parties’ joint request that the settlement agreement (Exhibit 1026) be treated as business confidential information, kept separate from the file of Patent 5,590,642, and made available only to Federal Government agencies on written request, or to any person on a showing of good cause, under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c) is GRANTED; and FURTHER ORDERED that the joint motion to terminate the proceeding is GRANTED and this proceeding is hereby terminated. Case IPR2013-00096 Patent 5,590,642 3 PETITIONER: Blas P. Arroyo R. Flynt Strean ALSTON & BIRD LLP Bank of America Plaza 101 South Tryon Street, Suite 4000 Charlotte, NC 28280-4000 blas.arroyo@alston.com flynt.strean@alston.com PATENT OWNER: Amedeo F. Ferraro Wesley C. Meinerding MARTIN & FERRARO LLP 17383 Sunset Boulevard, Suite 250 Los Angeles, CA 90272 docketing@martinferraro.com Copy with citationCopy as parenthetical citation
