Vestcom International, Inc. v Grandvile Printing Company

Patent Trials and Appeals Board

May 6, 2013

11612821 - (D) (P.T.A.B. May. 6, 2013)

Trial@uspto.gov Paper No. 27
571-272-7822 Date Entered: May 6, 2013
UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

VESTCOM INTERNATIONAL, INC.
Petitioner

v.

GRANDVILE PRINTING COMPANY
Patent Owner,
____________

Case IPR2013-00031
Patent 8,020,765
____________

Before, JOSIAH C. COCKS, MICHAEL R. ZECHER and,
BRIAN J. McNAMARA, Administrative Patent Judges.

McNAMARA, Administrative Patent Judge.

JUDGMENT
TERMINATION OF THE PROCEEDING

37 C.F.R. § 42.73

Case IPR2013-00031
Patent 8,020,765

2

On April 29, 2013, the parties filed a joint motion (Paper No. 25) to
terminate this trial proceeding (Joint Motion To Terminate And To Seal). See 35
U.S.C. § 317(a); 37 C.F.R. § 42.72. With the motion, the parties filed a copy of a
written settlement agreement (Exhibit A thereto). The parties’ Joint Motion To
Terminate And To Seal included a request to treat the settlement agreement as
business confidential information under the provisions of 35 U.S.C. § 317(b) and
37 C.F.R. § 42.74(c).
A decision by the Board to institute a trial was entered on April 1, 2013.
However, this matter is in the preliminary stages and an initial conference call with
the Board to discuss the case has not been held. The parties have not identified any
other related matters. Under these circumstances, the Board determines that it is
appropriate to enter judgment1 and terminate the trial without rendering a final
written decision. 37 C.F.R. § 42.72.
It is, therefore,
ORDERED that the joint motion to terminate the proceeding is GRANTED
and the proceeding is hereby terminated;
FURTHER ORDERED that the parties’ joint request that the settlement
agreement be treated as business confidential information, kept separate from the

1 A judgment means a final written decision by the Board, or a termination of a
proceeding. 37 C.F.R. § 42.2.
Case IPR2013-00031
Patent 8,020,765

3

file of the involved patents, and made available only to Federal Government
agencies on written request, or to any person on a showing of good cause, under
the provisions of 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), is GRANTED.

PETITIONER: (via electronic transmission)

Kelsey I. Nix
Richard U. Campbell
Thomas J. Bassolino
JONES DAY
Email: knix@jonesday.com
Email: rcampbell@jonesday.com
Email: tjbassolino@jonesday.com

PATENT OWNER: (via electronic transmission)

Matthew J. Gipson
PRICE HENEVELD LLP
ptomail@priceheneveld.com