Nike USA, Inc. v Stirling Mouldings Limited

Patent Trial and Appeal Board

Apr 22, 2014

12642550 (P.T.A.B. Apr. 22, 2014)

Trials@uspto.gov Paper 17
571-272-7822 Date: April 22, 2014

UNITED STATES PATENT AND TRADEMARK OFFICE
_____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

NIKE USA, INC.
Petitioner

v.

STIRLING MOULDINGS LIMITED
Patent Owner
____________

Case IPR2014-00428
Patent RE43,994
____________

Before DONNA M. PRAISS, CHRISTOPHER L. CRUMBLEY, and
JO-ANNE M. KOKOSKI, Administrative Patent Judges.

KOKOSKI, Administrative Patent Judge.

JUDGMENT
Termination of the Proceeding
37 C.F.R. § 42.72

IPR2014-00428
Patent RE43,994

2

The parties requested that this proceeding be terminated pursuant to a
settlement. On April 16, 2014, the Board authorized the parties to file a joint
motion to terminate and to request that the settlement agreement be treated as
business confidential information pursuant to 37 C.F.R. § 42.74(b). Paper 14. The
parties filed the Joint Motion to Terminate Under 35 U.S.C. § 317 on April 17,
2014. Paper 15. Accompanying the motion, the parties filed a true copy of a
settlement agreement with a Joint Request to File Settlement Agreement as
Business Confidential Information Under 35 U.S.C. § 317 and 37 C.F.R. § 42.74.
Paper 16.
This matter is a preliminary proceeding1 and a decision on whether to
institute the trial has not been made. Under these circumstances, it is appropriate
to terminate the proceeding. The joint motion to terminate the proceeding is
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 motion to terminate the proceeding is
granted; and
FURTHER ORDERED that the proceeding is terminated.

1 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.
IPR2014-00428
Patent RE43,994

3

For Petitioner:
B. Trent Webb
Jean Dickman
Shook, Hardy & Bacon L.L.P.
bwebb@shb.com
jdickman@shb.com

For Patent Owner:
Timothy Levstik
Mark Borsos
Fitch Even Tabin & Flannery L.L.P.
televs@fitcheven.com
mborsos@fitcheven.com