Skechers USA, Inc.v.Aura Technologies, LLC

Patent Trial and Appeal BoardMar 9, 2015

09947587 (P.T.A.B. Mar. 9, 2015)

Trials@uspto.gov Paper 14 Tel: 571-272-7822 Entered: March 9, 2015 UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD SKECHERS USA, INC., Petitioner, v. AURA TECHNOLOGIES, LLC, Patent Owner. Case IPR2014-00955 Patent 6,751,891 B2 Before PHILLIP J. KAUFFMAN, DONNA M. PRAISS, and MITCHELL G. WEATHERLY, Administrative Patent Judges. WEATHERLY, Administrative Patent Judge. JUDGMENT Termination of the Proceeding 35 U.S.C. Â§ 317(a) and 37 C.F.R. Â§ 42.72 The parties have requested that this trial be terminated pursuant to a settlement. On February 27, 2015, we authorized the parties via e-mail to file a joint request to terminate this proceeding and to file the settlement agreement as business confidential information under 37 C.F.R. Â§ 42.74(c). The parties filed their joint motion on March 2, 2015, which briefly states why termination is appropriate. Paper 12, 2. With their joint motion to IPR2014-00955 Patent 6,751,891 B2 2 terminate, the parties also filed a copy of a written settlement agreement that they request be kept confidential. Paper 13, 1; Ex. 1029. Since we instituted a trial in this proceeding on December 24, 2014, the parties have filed no papers other than the joint motion to terminate. Thus, this proceeding is in its initial stages. The parties indicate that they have agreed to resolve all disputes between them related to the challenged patent including the district court litigation matters captioned Aura Technologies, LLC v. Skechers, U.S.A., Inc., No. 2:2014-cv-00929 (S.D.N.Y.). Paper 12, 2. Under these circumstances, we determine that it is appropriate to enter judgment and terminate the trial without rendering a final written decision. 37 C.F.R. Â§ 42.72. Accordingly, it is ORDERED that the Joint Motion to Terminate Proceeding Pursuant to 35 U.S.C. Â§ 317 and 37 C.F.R. Â§ 42.74 is granted; FURTHER ORDERED that the Joint Request to File Settlement and License Agreement as Business Confidential Information Pursuant to 35 U.S.C. Â§ 317 and 37 C.F.R. Â§ 42.74, is granted. IPR2014-00955 Patent 6,751,891 B2 3 PETITIONER: Jason Cooper Matthew Howell Joshua Weeks ALSTON & BIRD LLP jason.cooper@alston.com matthew.howell@alston.com joshua.weeks@alston.com PATENT OWNER: Keith A. Vogt John R. Mugno TAKIGUCHI & VOGT, LLP KVogt@takiguchiandvogt.com johnmugno@aol.com

Skechers USA, Inc. v. Aura Technologies, LLC