Lippert Components Manufacturing, Inc.v.AL-KO Kober, LLC

Patent Trial and Appeal Board

Dec 16, 2015

10957018 (P.T.A.B. Dec. 16, 2015)

Trials@uspto.gov Paper 10
571-272-7822 Date: December 16, 2015

UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE PATENT TRIAL AND APPEAL BOARD

LIPPERT COMPONENTS MANUFACTURING, INC.,
Petitioner,

v.

AL-KO KOBER, LLC,
Patent Owner.

Case IPR2015-01374
Patent 7,370,900 B1

Before MICHAEL J. FITZPATRICK, BARRY L. GROSSMAN, and
CHRISTOPHER L. CRUMBLEY, Administrative Patent Judges.

GROSSMAN, Administrative Patent Judge.

ORDER
Dismissing the Petition
37 C.F.R. § 42.71(a)

On December 15, 2015, pursuant to Board authorization, Petitioner
Lippert Components Manufacturing, Inc. and Patent Owner AL-KO Kober,
LLC filed a combined Joint Motion to Terminate this inter partes review
IPR2015-01374
Patent No. 7,370,900

2

Petition (“Joint Motion”) and a Joint Request that the submitted settlement
agreement (Ex. 1016) be treated as Business Confidential information under
35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c). Paper 9.
The Board has not yet entered a decision on the merits of the Petition
as to whether an inter partes review will be instituted. The parties indicate
that they have agreed to resolve their dispute related to the challenged
patent. Mot. 1. Under these circumstances, we determine that it is
appropriate to dismiss the Petition without entering a decision on the merits
of the Petition. See 35 U.S.C. § 314; 37 C.F.R. § 42.71(a). This paper does
not constitute a final written decision pursuant to 35 U.S.C. § 318(a).
We also grant, under 37 C.F.R. § 42.74(c), the parties Joint Request to
treat the settlement agreement (Ex. 1016) as Business Confidential
information.
In light of the foregoing, it is
ORDERED that the Petition in IPR2015-01374 is dismissed; and
FURTHER ORDERED that the settlement agreement (Ex. 1016) shall
be treated as business confidential information under 37 C.F.R. § 42.74(c),
to be kept separate from the patent file.

IPR2015-01374
Patent No. 7,370,900

3

For PETITIONER:

Mark A. Hagedorn
Daniel P. Albers
BARNES & THORNBURG LLP
Mark.Hagedorn@btlaw.com
Daniel.Albers@btlaw.com

For PATENT OWNER:

Wesley Mueller
Gregory Bays
LEYDIG, VOIT & MAYER, LTD.
wmueller@leydig.com
gbays@leydig.com