Magnadyne Corporationv.Aquatic AV, Inc.Download PDFPatent Trial and Appeal BoardApr 16, 201512915967 (P.T.A.B. Apr. 16, 2015) Copy Citation Trials@uspto.gov Paper 12 Tel: 571-272-7822 Entered: April 16, 2015 UNITED STATES PATENT AND TRADEMARK OFFICE _______________ BEFORE THE PATENT TRIAL AND APPEAL BOARD _______________ MAGNADYNE CORPORATION AND SSV WORKS, INC, Petitioner, v. AQUATIC AV, INC, Patent Owner. ____________ Case IPR2015-00312 Patent 8,578,081 ____________ Before FRANCISCO C. PRATS, KEVIN F. TURNER, and MICHAEL W. KIM, Administrative Patent Judges. PRATS, Administrative Patent Judge. JUDGMENT Termination of the Proceeding 37 C.F.R. § 42.73 On April 14, 2015, the parties filed a joint motion to terminate this proceeding pursuant to 35 U.S.C. § 317. Paper 10. In addition, and pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74, the parties filed a IPR2015-00312 Patent 8,578,081 2 copy of a settlement agreement (Ex. 1026) along with a joint request to treat the settlement agreement as business confidential, to be kept separate from the patent files. (Paper 11). This case is in the preliminary proceeding 1 stage; no institution of a trial has been made. We have reviewed the settlement agreement and we acknowledge that it appears to be a true copy, and that the parties seek settlement of the actions between them, including the instant proceeding. Under these circumstances, it is appropriate to enter judgment. 2 Therefore, the joint motion to terminate the proceeding is GRANTED. Accordingly, it is ORDERED that the parties’ joint request that the settlement agreement be treated as business confidential information, to be kept separate from the patent files is GRANTED; and FURTHER ORDERED that the joint motion to terminate the proceeding is GRANTED; and 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 a trial will be instituted. 37 C.F.R. § 42.2. 2 A judgment means a final written decision by the Board, or a termination of a proceeding. 37 C.F.R. § 42.2. IPR2015-00312 Patent 8,578,081 3 For PETITIONER: Marc Lorelli MGDN0218IPR@brookskushman.com Brian Philpott MGDN0218IPR@brookskushman.com For PATENT OWNER: John Heptig pheptig@heptiglaw.com Copy with citationCopy as parenthetical citation