§327 Settlement

Summary

A post-grant review can be ended if the person who asked for it and the patent owner both ask to stop, unless the Patent Office already decided the case on the merits. If the review is ended for that petitioner, the rule in section 325(e) will not apply to that petitioner, or to the real party in interest or privy (someone who really controls or benefits from the petition), because of that petition. If no petitioners are left, the Patent Office may end the review or go ahead to a final written decision under section 328(a). Any deal between the patent owner and a petitioner to end the review must be written. A true copy must be filed with the Patent Office before the review ends for those parties. At a party’s request, the deal will be treated as business confidential information, kept apart from the patent’s main file, and shown only to Federal Government agencies on written request or to any person who shows good cause.