U.S. Nutraceuticals LLC, E.I.D. Parry (India) Ltd. and Parry Phytoremedies Pvt. Ltd.v.Lycored Ltd.

Patent Trial and Appeal Board

Nov 2, 2013

09446241 (P.T.A.B. Nov. 2, 2013)

Trials@uspto.gov Paper 11
571-272-7822 Entered: November 1, 2013

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

U.S. NUTRACEUTICALS LLC, E.I.D. PARRY (INDIA) LTD.
AND PARRY PHYTOREMEDIES PVT. LTD.,
Petitioner,

v.

LYCORED LTD.,
Patent Owner.
____________

Cases IPR2013-00262 (Patent 5,965,183)
IPR2013-00263 (Patent 5,387,311)
IPR2013-00264 (Patent 6,515,018)
1

____________

Before LORA M. GREEN, FRANCISCO C. PRATS, and
CHRISTOPHER L. CRUMBLEY, Administrative Patent Judges.

CRUMBLEY, Administrative Patent Judge.

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

1
This judgment addresses motions to terminate based on a settlement agreement
that resolves all three cases. We, therefore, exercise our discretion to issue a single
judgment to be entered in each case. The parties, however, are not authorized to
use this style heading.
Case IPR2013-00262, Patent 5,965,183
Case IPR2013-00263, Patent 5,387,311
Case IPR2013-00264, Patent 6,515,018

2

On October 30, 2013, and pursuant to 35 U.S.C. § 317, the parties filed joint
motions to terminate these proceedings. Accompanying the motions, the parties
filed a true copy of a settlement agreement along with a joint request to treat the
settlement agreement as business confidential, to be kept separate from the patent
file pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74.
These cases are in the preliminary proceeding
2
stage; no decision whether to
institute a trial has been made. Based on the facts of the cases, it is appropriate to
terminate the proceedings. Therefore, the joint motions to terminate the
proceedings are granted.
Accordingly, it is
ORDERED that the parties’ request that the settlement 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 proceedings
are granted;
FURTHER ORDERED that the proceedings are terminated.

2
A preliminary proceeding begins with the filing of a petition for instituting a trial
and ends with a written decision as to whether trial will be instituted. 37 C.F.R.
§ 42.2.
Case IPR2013-00262, Patent 5,965,183
Case IPR2013-00263, Patent 5,387,311
Case IPR2013-00264, Patent 6,515,018

3

For Petitioner:
Jonathan E. Bachand
Jay R. Deshmukh
KNOBBE, MARTENS, OLSON & BEAR, LLP
Jonathan.bachand@knobbe.com
Jay.deshmukh@knobbe.com
BoxParry@knobbe.com

For Patent Owner:
Arnold H. Krumholz
William L. Mentlik
LERNER, DAVID, LITTENBERG,
KRUMHOLZ AND MENTLIK, LLP
akrumholz@ldlkm.com
wmentlik@ldlkm.com
litigation@ldlkm.com