KOMATSU AMERICA CORP.v.LEROY G. HAGENBUCHDownload PDFPatent Trial and Appeal BoardMay 6, 201310383822 (P.T.A.B. May. 6, 2013) Copy Citation Trial@uspto.gov Paper No. 11 571-272-7822 Date Entered: May 6, 2013 UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ KOMATSU AMERICA CORP. Petitioner v. LEROY G. HAGENBUCH Patent Owner, ____________ Case IPR2013-00129 Patent 7,039,507 ____________ Before, KARL D. EASTHOM, JONI Y. CHANG BRIAN J. McNAMARA, Administrative Patent Judges. McNAMARA, Administrative Patent Judge. JUDGMENT TERMINATION OF THE PROCEEDING 37C.F.R. § 42.73 Case IPR2013-00129 Patent 7,039,507 2 On April 30, 2013, the parties filed a joint motion (Paper No. 10) to terminate this trial proceeding (Motion To Terminate The IPR). See 35 U.S.C. § 317(a); 37 C.F.R. § 42.72. With the motion, the parties filed a copy of the written settlement agreement (Exhibit A thereto) as well as a request to treat the settlement agreement as business confidential information under the provisions of 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c). This matter is in the preliminary stages. A trial has not yet been instituted and an initial conference call with the Board to discuss the case has not been held. Along with their joint Motion To Terminate The IPR, the parties also filed a copy of an order entered on April 19, 2013, dismissing the co-pending district court litigation. The parties have not identified any other pending actions. Under these circumstances, it is appropriate to enter judgment 1 and to 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; and FURTHER ORDERED that the parties’ joint request that the settlement agreement be treated as business confidential information, kept separate from the 1 A judgment means a final written decision by the Board, or a termination of a proceeding. 37 C.F.R. § 42.2. Case IPR2013-00129 Patent 7,039,507 3 file of the involved patents, and made available only to Federal Government agencies on written request, or to any person on a showing of good cause, under the provisions of 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), is GRANTED. PETITIONER: (via electronic transmission) W. Karl Renner Jeremy J. Monaldo Fish & Richardson, PC APSI@fr.com PATENT OWNER: (via electronic transmission) John B. Conklin Robert Wittmann Leydig, Voit & Mayer, Ltd. jconklin@leydig.com rwittmann@leydig.com Copy with citationCopy as parenthetical citation
