Smith & Nephew, Inc.v.the University of North Carolina at Chapel HillDownload PDFPatent Trial and Appeal BoardJul 8, 201410271635 (P.T.A.B. Jul. 8, 2014) Copy Citation Trials@uspto.gov Paper 21 Tel: 571-272-7822 Entered: July 8, 2014 UNITED STATES PATENT AND TRADEMARK OFFICE _______________ BEFORE THE PATENT TRIAL AND APPEAL BOARD _______________ SMITH & NEPHEW, INC. Petitioner v. THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL Patent Owner _______________ Case IPR2014-00112 Patent 6,955,677 B2 _______________ Before GRACE KARAFFA OBERMANN, RICHARD E. RICE, and MITCHELL G. WEATHERLY, Administrative Patent Judges. OBERMANN, Administrative Patent Judge. JUDGMENT Termination of the Proceeding 37 C.F.R. § 42.73 Case IPR2014-00112 Patent 6,995,677 B2 2 On June 27, 2014, the parties filed a joint motion to terminate the proceeding. Paper 19. Accompanying the motion, the parties filed a true copy of (1) a Settlement Agreement resolving the dispute that is the subject of this proceeding (Ex. 1017); and (2) a License Agreement between Patent Owner and its licensee, AngleFix (Ex. 1018). The parties request that both documents be treated as business confidential information, to be kept separate from the patent file pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74. Paper 20. We authorized the filing of those papers in a telephonic conference conducted June 24, 2014. Paper 18. A Decision to Institute an inter partes review in this case was entered by the Board on April 8, 2014. Paper 15. An initial conference call was conducted on May 12, 2014. Paper 17. This case is in a preliminary stage; no significant activity has occurred since entry of our Decision to Institute. Based on the facts of the case, it is appropriate to terminate the proceeding. Therefore, the joint motion to terminate the proceeding is granted. It is ORDERED that the parties’ joint request that the Settlement Agreement (Ex. 1017) and the License Agreement (Ex. 1018) be treated as business confidential information, to be kept separate from the patent file, is granted; FURTHER ORDERED that the joint motion to terminate the proceeding is granted; and FURTHER ORDERED that the proceeding is terminated pursuant to 35 U.S.C. § 317(a). Case IPR2014-00112 Patent 6,995,677 B2 3 For Petitioner: Christy Lea christy.lea@knobbe.com Joseph Re Joseph.re@knobbe.com For Patent Owner: Benjamin Deming demingb@gmail.com Copy with citationCopy as parenthetical citation
