Apple Inc.v.WhitServe LLCDownload PDFPatent Trial and Appeal BoardAug 25, 201411566043 (P.T.A.B. Aug. 25, 2014) Copy Citation Trials@uspto.gov Paper 27 Tel: 571-272-7822 Entered: August 25, 2014 UNITED STATES PATENT AND TRADEMARK OFFICE _______________ BEFORE THE PATENT TRIAL AND APPEAL BOARD _______________ APPLE INC., Petitioner, v. WHITSERVE, LLC, Patent Owner. _______________ Case IPR2014-00268 Patent 7,921,139 B2 _______________ Before KARL D. EASTHOM, DONNA M. PRAISS, and JO-ANNE M. KOKOSKI, Administrative Patent Judges. EASTHOM, Administrative Patent Judge. JUDGMENT Termination of the Proceedings 35 U.S.C. § 317 37 C.F.R. §§ 42.72, 42.73, 42.74 Case IPR2014-00268 Patent 7,921,139 B2 2 On August 19, 2014, the parties filed a joint motion to terminate this proceeding, with a true copy of their written settlement agreement (Ex. 2001), made in connection therewith, in accordance with 35 U.S.C. § 317 and 37 C.F.R. § 42.74(b). Paper 26. The joint motion further requests the settlement agreement (Ex. 2001) be treated as business confidential information under 35 U.S.C. §317(b) and 37 C.F.R. § 42.74(c). Id. The joint motion to terminate states that the parties jointly request termination of the proceeding and that termination is proper because the proceeding is at a preliminary stage. See Paper 26. As the motion notes, we instituted trial on May 19, 2014. Id.; Paper 17. At this preliminary stage in the proceeding, the record lacks full briefing on the trial issues. The motion also states that the agreement requires dismissal, with prejudice, of the only related district court lawsuit involving the parties and patent at issue. Paper 26. Toward that end, the parties attached “a copy of the Stipulated Dismissal and Proposed Order of Dismissal filed in the related litigation pursuant to the Settlement Agreement.” Id. at 2 (citing Ex. 2002). Based on the foregoing, the record warrants treating the settlement agreement (Ex. 2001) as business confidential and entering judgment by terminating the proceeding without rendering a final written decision. See 35 U.S.C. § 317(a); 37 C.F.R. §§ 42.72 (termination), 42.73 (judgment generally), 42.74 (settlement). A judgment “means a final written decision by the Board, or a termination of a proceeding.” 37 C.F.R. § 42.2. Case IPR2014-00268 Patent 7,921,139 B2 3 It is ORDERED that the joint motion is granted; FURTHER ORDERED that IPR2014-00268 is terminated; and FURTHER ORDERED that the settlement agreement (Ex. 2001) be treated as business confidential information, kept separate from the patent files, and made available only to Federal Government agencies on written request, or to any person on a showing of good cause, pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c). Case IPR2014-00268 Patent 7,921,139 B2 4 FOR PETITIONER: Jeffrey P. Kushan Sidley Austin LLP jkushan@sidley.com Hector Ribera Fenwick & West LLP hribera@fenwick.com FOR PATENT OWNER: Gene Winter Walter B. Welsh Jonathan A. Winter St. Onge Steward Johnson & Reens, LLC litigation@ssjr.com wwelsh@ssjr.com jwinter@ssjr.com Copy with citationCopy as parenthetical citation
