The Brinkmann Corporationv.Han Santos PLLC

Patent Trial and Appeal Board

Dec 21, 2015

11193320 (P.T.A.B. Dec. 21, 2015)

Trials@uspto.gov Paper 26
571-272-7822 Entered: December 21, 2015

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

THE BRINKMAN CORPORATION,
Petitioner,

v.

A&J MANUFACTURING, LLC,
Patent Owner.

____________

Case IPR2015-00056
Patent 8,381,712 B1

Before RICHARD E. RICE, MIRIAM L. QUINN, and
CARL M. DeFRANCO, Administrative Patent Judges.

QUINN, Administrative Patent Judge.

JUDGMENT
Termination of Proceeding
37 C.F.R. § 42.72
IPR2015-00056
Patent 8,381,712 B1

2
On authorization from the Board, Patent Owner filed, on December
18, 2015, a Joint Motion to Terminate and Joint Notice of Settlement.
Paper 25. Patent Owner also filed a written settlement agreement, made in
connection with the termination of the instant proceedings, in accordance
with 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(b). Exhibit 1. The written
settlement agreement has been approved by the Bankruptcy Court presiding
over the matter of the Chapter 11 proceeding regarding Petitioner and related
companies.
The filings convey that the parties have settled their dispute and that,
because the Board has not yet decided the merits of the proceeding, the
parties submit termination of the instant inter partes review is appropriate.
Although the instant proceeding is at an advanced stage post-institution of
trial, oral argument has not yet occurred. Upon consideration of the request
before us, we determine that terminating the instant proceeding with respect
to both parties, without rendering a final written decision, conserves the
Board’s resources, promotes efficiency, and minimizes unnecessary costs.
Based on the facts of this case, it is appropriate to enter judgment.1 See 35
U.S.C. § 317(a); 37 C.F.R. § 42.72.
Accordingly, it is:
ORDERED that the joint motion to terminate IPR2015-00056 is
granted; and
FURTHER ORDERED that the instant proceeding is hereby
terminated as to all parties, including Petitioner and Patent Owner.

1 A judgment means a final written decision by the Board, or a termination
of a proceeding. 37 C.F.R. § 42.2.
IPR2015-00056
Patent 8,381,712 B1

3

PETITIONER:

Gary A. Clark
Bridgette A. Agness
SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
gclark@sheppardmullin.com
bagness@sheppardmullin.com

PATENT OWNER:

Lance D. Reich
MILLER NASH GRAHAM & DUNN LLP
patent@millernash.com