Short Summary
MidAmerican Energy Company and BirchTech Corp. have settled their dispute over U.S. Patent 10,926,218 and filed a joint motion to terminate the inter partes review. The motion cites statutory authority and public‑policy reasons favoring settlement before any merits decision.
Detailed Summary
In IPR2025-00718 concerning U.S. Patent No. 10,926,218, MidAmerican Energy Company and BirchTech Corp. (formerly Midwest Energy Emissions Corp.) have executed a settlement agreement and jointly moved to terminate the inter partes review as to MidAmerican. Relying on 35 U.S.C. §§317(a) and 317(b) and the Board’s Consolidated Trial Practice Guide, they argue that no merits decision has been rendered and that public policy strongly supports settlement, requesting the Board to dismiss MidAmerican from the proceeding and reconstitute the remaining petitioners. The motion also seeks to keep the settlement agreement confidential under 35 U.S.C. §317(b) and 37 C.F.R. §42.74(c).
Practitioner Note
This case demonstrates the evidentiary and procedural standards applied in patent matters before local courts. Understanding the court's reasoning in PacifiCorp et al. vs MES, Inc. is valuable context for structuring arguments or assessing risk in similar proceedings.
Related Cases
AdvanCell Pty Ltd.vsSciencons AS et al.
AdvanCell has filed a PGR petition seeking cancellation of all 38 claims of U.S. Patent 12,249,437, arguing anticipation, obviousness, and indefiniteness based on prior art from Hassfjell‑Hoff, Norman, IAEA, and Westrøm.
Taiwan Semiconductor Manufacturing Company Ltd. et al.vsMYW Semitech, LLC
TSMC and Apple have filed an IPR petition challenging MYW Semitech’s 11,538,763 chip‑package patent, asserting that all 23 claims are obvious over multiple prior‑art references. The petition seeks to invalidate the patent before the PTAB.
Valve CorporationvsImmersion Corporation
The PTAB issued a Final Written Decision finding all 19 challenged claims unpatentable. The Board adopted the Petitioner's interpretation of 'virtual detent,' defining it as vibrotactile feedback that simulates mechanical resistance, and found anticipation in Rosenberg I for all claims.
Samsung Electronics Co., Ltd. et al.vsOne-E-Way, Inc.
The USPTO granted institution for IPR2025-01541 after determining the petitioner had a reasonable likelihood of prevailing. This decision moves the case forward to merits review.
Univacco Technology Inc.vsLEONHARD KURZ Stiftung & Co., KG
The PTAB denied institution for PGR2026-00011, finding that the petitioner failed to meet the required standard of likelihood of prevailing or unpatentability.
Dealing with a patent challenge?
Whether it's a Section 3(d) rejection, a post-grant opposition, or a FRAND dispute, Arctic's patent litigation team has handled it. Get a strategy call.
Disclaimer: This page contains an automated summary based on publicly available judicial records. The content is generated for informational purposes only and does not constitute legal advice. Always verify details against the original source judgment before relying on this information for any legal purpose. If you believe any information is inaccurate, please contact us.