PTAB Says Collateral Agreements Must Be Filed in Decision Designated Precedential

On June 11, the U.S. Patent and Trademark Office (USPTO) Patent Trial and Appeal Board (PTAB) designated DTN, LLC v. Farms Technology, LLC as precedential. The case involved the parties’ joint motions to terminate two inter partes review (IPR) proceedings following a settlement agreement. The Board held that 35 U.S.C. § 317(b) mandated the filing of collateral agreements referred to in the settlement agreement even though the patent owner and the petitioner were not both parties to the collateral agreements and the collateral agreements did not relate to the termination of the IPRs.

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