KOMATSU AMERICA CORP.v.LEROY G. HAGENBUCH

Patent Trials and Appeals Board

May 6, 2013

10383822 - (D) (P.T.A.B. May. 6, 2013)

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 IPR2013-00130
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 IPR2013-00130
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 the Board determines that it is appropriate to enter judgment
1
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, 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 IPR2013-00130
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