PLANTLAB GROEP B.V.

Patent Trials and Appeals BoardSep 13, 2021

PGR2021-00061 (P.T.A.B. Sep. 13, 2021)

Trials@uspto.gov Paper 14 571-272-7822 Date: September 13, 2021 UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ SYNGENTA CROP PROTECTION AG, Petitioner v. PLANTLAB GROEP B.V., Patent Owner ____________ Case PGR2021-00061 Patent No. US 10,667,469 B2 ____________ Before KEN B. BARRETT, ULRIKE W. JENKS, and BRENT M. DOUGAL, Administrative Patent Judges. JENKS, Administrative Patent Judge. DECISION Dismissing the Petition and Terminating the Proceeding 37 C.F.R. §§ 42.71(a), 42.72, 42.74 PGR2021-00061 Patent No. US 10,667,469 B2 2 With authorization of the Board (Ex. 3002), the parties filed a joint motion to dismiss the petition. Paper 12. The parties explain that dismissal is appropriate because all disputes between the parties regarding U.S. Patent No. 10,667,469 have been resolved. Id. at 1. The parties have filed a true copy of their written settlement agreement, Ex. 1025, and they “certify that there are no collateral agreements or understandings made in connection with, or in contemplation of, the termination of this proceeding, pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(b).” Paper 12, 2. The parties correctly note that a Decision on Institution for this proceeding has not been entered and the merits of the proceeding have not been decided. Id. at 2. Based on the foregoing, pursuant to 37 C.F.R. §§ 42.71(a), 42.72, and 42.74, we determine that it is appropriate to dismiss the petition and terminate the proceeding. Additionally, the parties filed a joint request that the settlement agreement be treated as business confidential information and kept separate from the file of the involved patent. Paper 13. Pursuant to 35 U.S.C § 327(b) and 37 C.F.R. § 42.74, that request is also granted. ORDER In accordance with the foregoing, it is hereby: ORDERED that the joint motion to dismiss the petition is granted; FURTHER ORDERED that the joint request for the settlement agreement, Ex. 1025, to be treated as business confidential information and PGR2021-00061 Patent No. US 10,667,469 B2 3 kept separate from the file of the involved patent under the provisions of 35 U.S.C. § 327(b) and 37 C.F.R. § 42.74(c) is granted; and FURTHER ORDERED that the proceeding is terminated. PGR2021-00061 Patent No. US 10,667,469 B2 4 PETITIONER: Allison W. Dobson John Alemanni Cynthia B. Rothschild Kilpatrick Townsend & Stockton adobson@kilpatricktownsend.com jalemanni@kilpatricktownsend.com crothschild@kilpatricktownsend.com PATENT OWNER: Jeffrey M. Goehring Andrew J. Patch Nixon & Vanderhye jgoehring@nixonvan.com apatch@nixonvan.com