McClinton Energy Group LLCv.Magnum Oil Tools International, Ltd.

Patent Trial and Appeal Board

Dec 11, 2014

13329077 (P.T.A.B. Dec. 11, 2014)

Trials@uspto.gov Paper 18
Tel: 571-272-7822 Entered: December 11, 2014

UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE PATENT TRIAL AND APPEAL BOARD
_______________
McCLINTON ENERGY GROUP, LLC, JAYCAR ENERGY GROUP LLC,
SURF FRAC WELLHEAD EQUIPMENT CO., MOTOR MILLS SNUBBING
LLC, STAN KEELING, and TONY D. McCLINTON,
Petitioner,

v.

MAGNUM OIL TOOLS INTERNATIONAL, LTD.,
Patent Owner.
____________

Case IPR2014-00993
Patent 8,459,346 B2
____________

Before SALLY C. MEDLEY, MICHAEL R. ZECHER, and
GEORGIANNA W. BRADEN, Administrative Patent Judges.

MEDLEY, Administrative Patent Judge.

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

On December 9, 2014, the parties filed a joint motion to terminate the
proceeding, along with a true copy of their written settlement agreement, made in
IPR2014-00993
Patent 8,459,346 B2

connection with the termination of the instant proceeding, in accordance with 35
U.S.C. § 317(b) and 37 C.F.R. § 42.74(b). Paper 17; Ex. 1029. The parties also
request to have their agreement treated as confidential business information under
35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c). Paper 17. The joint motion requests
termination of the proceeding and further explains that the parties have reached an
agreement to dismiss the related district court case. Id. at 2.
On December 1, 2014, we instituted trial for this proceeding. At this early
juncture of the proceeding, the Board does not have before it full briefing on the
trial issues and the Board has not entered a final decision.
Based on the facts of this case, it is appropriate to enter judgment1 without
rendering a final written decision. See 35 U.S.C. § 317(a); 37 C.F.R. § 42.72.
It is
ORDERED that the parties’ joint request that the agreement be treated as
business confidential information, to be kept separate from the patent file is
granted;
FURTHER ORDERED that the joint motions to terminate the proceeding is
granted; and
FURTHER ORDERED that the proceeding is terminated.

1 A judgment means a final written decision by the Board, or a termination of a
proceeding. 37 C.F.R. § 42.2.

IPR2014-00993
Patent 8,459,346 B2

FOR PETITIONER:
Jason Engel
K&L GATES LLP
jason.engel.PTAB@klgates.com

FOR PATENT OWNER:
Robb D. Edmonds
N. Alexander Nolte
EDMONDS & NOLTE, P.C.
redmonds@edmondsnolte.com
anolte@edmondsnolte.com