Mohawk Resources Ltd.v.Vehicle Service Group LLC

Patent Trial and Appeal BoardSep 12, 2014

10055800 (P.T.A.B. Sep. 12, 2014)

Trials@uspto.gov Paper 15 Tel: 571-272-7822 Entered: September 12, 2014 UNITED STATES PATENT AND TRADEMARK OFFICE _______________ BEFORE THE PATENT TRIAL AND APPEAL BOARD _______________ MOHAWK RESOURCES LTD., Petitioner, v. VEHICLE SERVICE GROUP, LLC, Patent Owner. _______________ Case IPR2014-00464 Patent 6,983,196 B2 _______________ Before SCOTT E. KAMHOLZ, LYNNE E. PETTIGREW, and JAMES A. TARTAL, Administrative Patent Judges. KAMHOLZ, Administrative Patent Judge. JUDGMENT Termination of the Proceeding 37 C.F.R. § 42.74 Case IPR2014-00464 Patent 6,983,196 B2 2 The parties filed a joint motion to terminate the instant proceeding (Paper 13 (“Mot.”)), and a true copy of their written settlement agreement (Ex. 1015) made in connection with the termination, in accordance with 35 U.S.C. § 317 and 37 C.F.R. § 42.74(b). The parties also jointly requested that their settlement agreement be treated as business confidential information under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c). Paper 14. For the reasons provided below, the joint motion to terminate is granted. The joint request that the settlement agreement be treated as business confidential information is also granted. While the parties may agree to settle their issues related to the involved patent, the Board is not a party to the settlement and may determine independently any question of patentability. 37 C.F.R. § 42.74(a). Patent Owner has not yet filed a Response, and the Board has not yet decided the merits of this proceeding. The parties represent that they have filed a stipulated dismissal in Vehicle Service Group, LLC v. Mohawk Resources, Ltd., Case No. 4:13-cv-195-SEB-WGH (S.D. Ind.), and that there are no other active proceedings involving U.S. Patent No. 6,983,196 B2 (“the ’196 patent). Mot. 2. In view of the parties’ settlement agreement made in connection with the instant proceeding in accordance with 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(b), we determine that it is appropriate to terminate the involvement of Petitioner. Moreover, in view of the early stage of this proceeding, and the absence of other proceedings involving the ’196 patent, we determine that it also is appropriate to terminate the proceeding with respect to Patent Owner. As a result, it is appropriate to enter judgment in the form of termination. See 37 C.F.R. § 42.2. Case IPR2014-00464 Patent 6,983,196 B2 3 Accordingly, it is ORDERED that the joint motion to terminate IPR2014-00464 is granted, and this proceeding is hereby terminated as to all parties, including Petitioner Mohawk Resources Ltd., and Patent Owner Vehicle Service Group, LLC; and FURTHER ORDERED that the joint request that the settlement agreement be treated as business confidential information and be kept separate from the patent files under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c) is granted. FOR PETITIONER: Richard P. Beem John R. Linzer Beem Patent Law Firm USPTO@BeemLaw.com Richard@BeemLaw.com JLinzer@BeemLaw.com FOR PATENT OWNER: Ann G. Schoen Andrew B. Ulmer Edwin R. Acheson, Jr. Frost Brown Todd LLC aschoen@fbtlaw.com aulmer@fbtlaw.com eacheson@fbtlaw.com FBTIPLitigation@fbtlaw.com

Mohawk Resources Ltd. v. Vehicle Service Group LLC