Dyaco International Inc.,v.Johnson Health Tech Co., Ltd.

Patent Trial and Appeal Board

Nov 5, 2014

11497784 (P.T.A.B. Nov. 5, 2014)

Trials@uspto.gov Paper 7
Tel: 571-272-7822 Entered: November 5, 2014
UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE PATENT TRIAL AND APPEAL BOARD

DYACO INTERNATIONAL INC.,
Petitioner,
v.
JOHNSON HEALTH TECH CO., LTD.,
Patent Owner.

Cases IPR2014-00755
Patents 7,654,936 B2

Before BENJAMIN D. M. WOOD, MITCHELL G. WEATHERLY, and
JAMES A. TARTAL, Administrative Patent Judges.
WEATHERLY, Administrative Patent Judge.
JUDGMENT
Termination of the Proceeding
35 U.S.C. § 317(a) and 37 C.F.R. § 42.72
The parties have requested that this trial proceeding be terminated
pursuant to a settlement. On October 31, 2014, we authorized the parties via
e-mail to file a joint request to terminate this proceeding and to file the
settlement agreement as business confidential information under 37 C.F.R.
§ 42.74(c). The parties filed their joint motion on November 3, 2014.
Paper 5. With their motion to terminate, the parties also filed a copy of a
IPR2014-00755
Patent 7,654,936 B2
2
written settlement agreement that they request be kept confidential.
Ex. 1014 (IPR2014-00754); Ex. 1010 (IPR2014-00755).
Trial has not yet been instituted in this proceeding. Thus, this
proceeding is in the initial stages with no post-petition briefing yet filed.
The parties indicate that they have agreed to resolve all disputes between
them related to U.S. Patent No. 7,654,936 B2. Paper 5, 2. Under these
circumstances, we determine that it is appropriate to enter judgment and
terminate the trial without rendering a final written decision. 37 C.F.R.
§ 42.72.
Accordingly, it is
ORDERED that the Joint Motion to Terminate under 35 U.S.C. § 317
is granted;
FURTHER ORDERED that the proceeding is terminated; and
FURTHER ORDERED that the joint request to treat the Settlement
Agreement as business confidential information under 35 U.S.C. § 317 and
37 C.F.R. § 42.74(c), is granted.
IPR2014-00755
Patent 7,654,936 B2
3
PETITIONER:
Timonthy P. McAnulty
Gary C. Ma
FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP
timothy.mcanulty@finnegan.com
gary.ma@finnegan.com
PATENT OWNER:
Kevin P. Moran
Andrew T. Dufresne
MICHAEL BEST & FRIEDRICH LLP
kpmoran@michaelbest.com
atdufresne@michaelbest.com