American Express Company et al. v Metasearch Systems, LLC

Patent Trial and Appeal BoardJan 14, 2014

12202430 (P.T.A.B. Jan. 14, 2014)

Trials@uspto.gov Paper 19 Tel: 571-272-7822 Entered: January 14, 2014 UNITED STATES PATENT AND TRADEMARK OFFICE _______________ BEFORE THE PATENT TRIAL AND APPEAL BOARD _______________ AMERICAN EXPRESS COMPANY, AMERICAN EXPRESS TRAVEL COMPANY, INC., EXPEDIA, INC., HOTELS.COM GP, HOTWIRE, INC., ORBITZ WORLDWIDE, INC., PRICELINE.COM, INC., TRAVELOCITY.COM LP, and YAHOO! INC Petitioner v. METASEARCH SYSTEMS, LLC Patent Owner _______________ Case CBM2014-00019 Patent 7,490,091 _______________ Before HOWARD B. BLANKENSHIP, KARL D. EASTHOM, and BARBARA A. BENOIT, Administrative Patent Judges. EASTHOM, Administrative Patent Judge. JUDGMENT Termination of the Proceeding 37 C.F.R. § 42.73 On December 30, 2013, the parties filed a joint motion to terminate this proceeding, along with a true copy of their written settlement agreement, made in connection with the termination of the instant proceeding, in accordance with 35 U.S.C. § 327 and 37 C.F.R. § 42.74(b). Paper 17; Ex. 1017. The parties state Exhibit 1017, a copy of a Joint Stipulation and Proposed Order that the parties filed Case CBM2014-00019 Patent 7,490,091 2 in several related district court cases in the District Court for the District Court of Delaware, and also a stay order entered in those cases pursuant to the stipulation, “constitutes a true copy of the parties’ agreement.” Paper 17, 1. Patent Owner has not filed a preliminary response. The Board has not instituted trial, does not have before it full briefing on the trial issues, and has not entered a final decision. Accordingly, it is appropriate to enter judgment without rendering a final written decision. See 35 U.S.C. § 327(a); 37 C.F.R. § 42.72. 1 It is ORDERED that the joint motion to terminate CBM2014-00019 is granted; and FURTHER ORDERED that the proceeding is terminated. 1 A judgment “means a final written decision by the Board, or a termination of a proceeding.” 37 C.F.R. § 42.2. Case CBM2014-00019 Patent 7,490,091 3 Petitioner: John Vandenberg john.vandenberg@klarquist.com Kristen Reichenbach kristen.reichenbach@klarquist.com Patent Owner: Cyrus Morton camorton@rkmc.com Ryan Schultz rmschultz@rkmc.com