MillerCoors LLCv.CML&J LLCDownload PDFPatent Trial and Appeal BoardJun 30, 201513548793 (P.T.A.B. Jun. 30, 2015) Copy Citation Trials@uspto.gov Paper 9 Tel: 571-272-7822 Entered: June 30, 2015 UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ MILLERCOORS LLC, Petitioner, v. CML&J LLC, Patent Owner. ____________ Case IPR2015-00742 Patent 8,640,905 B2 ____________ Before RICHARD E. RICE, MITCHELL G. WEATHERLY, and CARL M. DeFRANCO, Administrative Patent Judges. RICE, Administrative Patent Judge. TERMINATION Dismissal of the Petition 37 C.F.R. §§ 42.5(a), 42.71(a) IPR2015-00742 Patent 8,640,905 B2 2 On June 24, 2015, the parties filed a joint motion (Paper 8, “Jt. Mot.”) to terminate this proceeding on the basis of a settlement reached by the parties, and also filed a copy of their written settlement agreement (Ex. 1021). The parties request 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). Jt. Mot. 2. The parties’ joint motion to terminate was filed at a preliminary stage of this proceeding, and the Board has not yet determined whether to institute an inter partes review. The parties represent that pursuant to their settlement agreement the parties will file a stipulation of dismissal of the related district court law suit. Jt. Mot. 1–2. The parties further represent that “[n]o additional district court litigation is currently pending and therefore termination is appropriate.” Id. at 2. Under these circumstances, we determine that it is appropriate to dismiss the Petition. See 37 C.F.R. §§ 42.5(a), 42.71(a). This paper does not constitute a final written decision pursuant to 35 U.S.C. § 318(a). In consideration of the foregoing, it is hereby: ORDERED that the parties’ joint request that the settlement agreement be treated as business confidential information, kept separate from the files of U.S. Patent No. 8,640,905 B2, 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; FURTHER ORDERED that the joint motion to terminate the instant proceeding is granted; and IPR2015-00742 Patent 8,640,905 B2 3 FURTHER ORDERED that the Petition for Inter Partes Review of the above-referenced patent is dismissed. IPR2015-00742 Patent 8,640,905 B2 4 PETITIONER: George C. Lewis Thomas J. Leach Peter A. Gergely Ryan J. Fletcher Merchant & Gould PC GLewis@merchantgould.com Tleach@merchantgould.com PGergely@merchantgould.com RFletcher@merchantgould.com PATENT OWNER: David Arnold Sean F. Sullivan Cantor Colburn LLP darnold@cantorcolburn.com ssullivan@cantorcolburn.com Copy with citationCopy as parenthetical citation