Ivera Medical Corporationv.Catheter Connections

Patent Trial and Appeal Board

Jul 16, 2015

13736166 (P.T.A.B. Jul. 16, 2015)

Trials@uspto.gov Paper 11
571-272-7822 Date: July 16, 2015

UNITED STATES PATENT AND TRADEMARK OFFICE
_____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

IVERA MEDICAL CORPORATION,
Petitioner,

v.

CATHETER CONNECTIONS, INC.
Patent Owner.
____________

Case IPR2015-00693
Patent 8,641,681 B2
____________

Before TONI R. SCHEINER, JOSIAH C. COCKS, and
SCOTT A. DANIELS Administrative Patent Judges.

COCKS, Administrative Patent Judge.
TERMINATION
Dismissing the Petition
37 C.F.R. §§ 42.5(a), 42.71(a)

IPR2015-00693
Patent 8,641,681 B2

2

On June 17, 2015, the parties filed a “Joint Motion to Terminate
Proceeding Under 35 U.S.C. § 317 and 37 C.F.R. § 42.74” (Paper 9), and
“Joint Motion to Treat Agreement as Business Confidential Under 35 U.S.C.
§ 317(b) and C.F.R. § 42.74(c)” (Paper 10).1 The parties also filed a copy of
their written settlement agreement. Ex. 2016.
We have not instituted trial in this proceeding. Thus, this proceeding
is in its initial stages. The parties indicate the following with respect to their
dispute involving U.S. Patent 8,641,681 B2 (“the ’681 patent”):
The Parties have reached an agreement regarding their
dispute relating to the ‘681 patent. The matter relating to the
‘681 patent in the United States District Court for the District of
Utah (Catheter Connections, Inc. v. Ivera Medical Corp., Case
2:14-cv-00070), was dismissed on June 12, 2015 under
stipulation of the parties (Exhibit No. 2015).

Paper 9, 3. Under these circumstances, we determine that it is appropriate to
dismiss the petition. See 37 C.F.R. §§ 42.5(a), 42.71(a). This paper does
not constitute a final written decision pursuant to 35 U.S.C. § 318(a).
It is
ORDERED that the parties’ “Joint Motion to Terminate Proceeding
Under 35 U.S.C. § 317 and 37 C.F.R. § 42.74” (Paper 9) is granted to the
extent that proceeding IPR2015-00693 is terminated;
FURTHER ORDERED that the Petition for Inter Partes Review of
the above-referenced patent is dismissed; and

1 The parties were authorized to file the noted Papers in e-mail
correspondence from Board personnel on June 15, 2015.
IPR2015-00693
Patent 8,641,681 B2

3

FURTHER ORDERED that, as was requested timely by the parties
(Paper 10), the settlement agreement (Ex. 2016) will be treated as business
confidential information under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c).

For PETITIONER:
Matthew A. Smith
Zhuanjia Gu
TURNER BOYD LLP
smith@turnerboyd.com
gu@turnerboyd.com

For PATENT OWNER:

H. Dickson Burton
Andrew A. Hufford
TRASKBRITT, P.C.
Hdburton@traskbritt.com
Aahufford@traskbritt.com