Fellowes, Inc.v.Speculative Product Design, LLC

Patent Trial and Appeal Board

Nov 19, 2013

13282363 (P.T.A.B. Nov. 19, 2013)

Trials@uspto.gov Paper 25
571-272-7822 Entered: November 19, 2013

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

FELLOWES, INC.
Petitioner,

v.

SPECULATIVE PRODUCT DESIGN, LLC
Patent Owner.
____________

Case IPR2013-00197
Patent 8,204,561
____________

Before LORA M. GREEN, BENJAMIN D. M. WOOD, and ADAM V. FLOYD,
Administrative Patent Judges.

GREEN, Administrative Patent Judge.

JUDGMENT
Termination of the Proceeding
37 C.F.R. § 42.73

Case IPR2013-00197
Patent 8,204,561

2
The parties have requested that this trial proceeding be terminated pursuant
to a settlement. On, November 7, 2013, the Board authorized the parties to file a
joint request to terminate and to file the settlement agreement as business
confidential under 37 C.F.R. 42.74(c). Paper No. 23. On, November 11, 2013,
the parties filed a joint motion to terminate and to treat the settlement agreement as
business confidential.
1
Paper No. 22. See 35 U.S.C. § 317(a); 37 C.F.R. § 42.72.
With their motion to terminate and to treat the settlement agreement as business
confidential, the parties also filed a copy of a written settlement agreement. Paper
No. 22, Ex. 2001 (Confidential Exhibit a A).
A decision by the Board to institute a trial was entered on September 23,
2013. Paper No. 16. This matter, however, is in the preliminary stages. The
parties have not identified any other related matters between them. Under these
circumstances, the Board determines that it is appropriate to enter judgment
2
and
terminate the trial without rendering a final written decision. 37 C.F.R. § 42.72.
It is, therefore,
ORDERED that the joint motion to terminate the proceeding is GRANTED
and the proceeding is hereby terminated;
FURTHER ORDERED that the parties’ joint request that the settlement
agreement be treated as business confidential information and shall be kept
separate from the file of the involved patent under the provisions of 35 U.S.C.
§ 317(b) and 37 C.F.R. § 42.74(c), is GRANTED.

1
We note that normally the request to treat the settlement agreement as business
confidential is filed as separate paper from the joint motion to terminate the
proceeding.
2
A judgment means a final written decision by the Board, or a termination of a
proceeding. 37 C.F.R. § 42.2
Case IPR2013-00197
Patent 8,204,561

3

Petitioner:

Bryan P. Collins
Gabriel A. Haboubi
Pillsbury Winthrop Shaw Pittman, LLP
Bryan.collins@pillsburylaw.com
Gabriel.haboubi@pillsburylaw.com

Patent Owner:

Stephen J. Lieb
Eugene LeDonne
Frommer Lawrence & Haug LLP
745 Fifth Avenue
New York, New York 10151
boxspeculative@flhlaw.com