Manuka Medical Ltd.v.Apimed Medical Honey Ltd.

Patent Trial and Appeal Board

Nov 21, 2013

12420344 (P.T.A.B. Nov. 21, 2013)

Trials@uspto.gov Paper 33
571-272-7822 Entered: November 21, 2013

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

MANUKAMED LTD. and
MANUKA MEDICAL LTD.,
Petitioners,

v.

APIMED MEDICAL HONEY LTD.,
Patent Owner.
____________

Case IPR2013-00234
Patent RE 42,755
____________

Before LORA M. GREEN, JENNIFER S. BISK, and
CHRISTOPHER L. CRUMBLEY, Administrative Patent Judges.

GREEN, Administrative Patent Judge.

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

Case IPR2013-00234
Patent RE 42,755

2
The parties have requested that this trial proceeding be terminated pursuant
to a settlement. On November 15, 2013, the Board authorized the parties to file a
joint request to terminate the proceeding and to file the settlement agreement as
business confidential under 37 C.F.R. 42.74(c). Paper 32. On that same day, the
parties filed a joint motion to terminate, Paper 30, and to treat the settlement
agreement as business confidential, Paper 31.1 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 31 (Exhibit A).
A decision by the Board to institute a trial was entered on September 25,
2013. Paper 17. 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 judgment2 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 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 the settlement agreement should have been filed as an exhibit, rather
than being attached to the joint request to file the settlement agreement as business
confidential.
2 A judgment means a final written decision by the Board, or a termination of a
proceeding. 37 C.F.R. § 42.2.
Case IPR2013-00234
Patent RE 42,755

3
For PETITIONER:

Mark C. Dukes
Lloyd G. Farr
NELSON MULLINS RILEY & SCARBOROUGH LLP
ip@nelsonmullins.com
Mark.dukes@nelsonmullins.com
Lloyd.farr@nelsonmullins.com

For PATENT OWNER:

James J. Mullen III
Anders T. Aannestad
MORRISON & FOERSTER LLP
jmullen@mofo.com