The parties sought, and the Board granted, authorization for the filing of joint motions to terminate these proceedings and requests to file the settlement agreement as business confidential information.
A joint motion to terminate a proceeding should include information regarding, for example, (1) the identity of all parties in any related district court case involving the patent at issue in the proceeding sought to be terminated; (2) the current status of each such related case with respect to each party to the litigation; and (3) the case numbers of any pending related inter partes review proceedings. The joint motions are deficient because they lack such information.
The joint motions to terminate, moreover, must be accompanied by a true copy of the parties’ settlement agreement, as required by 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(b). A redacted version of the settlement agreement will not be accepted as a true copy of the settlement agreement.
With respect to having the settlement agreement treated as business confidential under 37 C.F.R. § 42.74(c), the parties must file the confidential Case ...................
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settlement electronically in the Patent Review Processing System (PRPS) as an exhibit in accordance with the instructions provided on the Board’s website (uploading as "Parties and Board Only"). The parties are directed to FAQ G2 on the Board’s website at http://www.uspto.gov/ip/boards/bpai/prps.jsp for instructions on how to file their settlement agreement as confidential.
