Nissan North America, Inc.v.Carl B. CollinsDownload PDFPatent Trial and Appeal BoardJul 25, 201308433937 (P.T.A.B. Jul. 25, 2013) Copy Citation Trials@uspto.gov Paper 30 572-272-7822 Entered: July 25, 2013 UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ NISSAN NORTH AMERICA, INC. ET AL. Petitioner v. CARL B. COLLINS and FARZIN DAVANLOO Patent Owner ____________ Case IPR2012-00037 Patent 5,478,650 ____________ Before SALLY GARDNER LANE, JEFFREY B. ROBERTSON and RAE LYNN P. GUEST, Administrative Patent Judges. LANE, Administrative Patent Judge. JUDGMENT TERMINATION OF THE PROCEEDING 37 C.F.R. § 42.73 IPR2012-00037 Patent 5,478,650 2 The parties indicate that they have reached settlement and jointly move to terminate this trial proceeding. (Joint Motion (Paper 29) filed 22 July 2013). See 35 U.S.C. § 317(a); 37 C.F.R. § 42.72. The parties have filed a copy of the written Settlement Agreement (Settlement Agreement (Confidential Joint Exhibit 1001)) having attached thereto a “Stipulated Motion for Dismissal With Prejudice” of the copending District Court action. (Exhibit A attached to Confidential Joint Exhibit 1001). This trial was instituted on 19 March 2013 (Decision (Paper 24)) and is in its preliminary stages. While the initial conference call with the Board to discuss the case has been held (Order (Paper 27)), the parties stipulated to extend Time Period One such that no Patent Owner Response yet has been filed. (See Order (Paper 28) at 3). 1 There do not appear to be any other matters before the USPTO related to the involved patent. (See Mandatory Notice (Paper 8) at 3). Under these circumstances the Board determines that it is appropriate to terminate the trial without rendering a final written decision. 37 C.F.R. § 42.72. 1 During the initial conference call, the Patent Owner indicated that it did not intend to file a motion to amend the claims under review. (Order (Paper 27) at 3). IPR2012-00037 Patent 5,478,650 3 Order It is 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 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. IPR2012-00037 Patent 5,478,650 4 John M. Caracappa Amanda K. Streff Steptoe & Johnson, LLP Email: jcaracap@steptoe.com Email: astreff@steptoe.com Patent Owner: T. Ling Chwang Sara K. Borrelli Jackson Walker, LLP Email: lchwangipdocket@jw.com Email: sborrelliipdocket@jw.com Copy with citationCopy as parenthetical citation
