Broadcom Corporationv.Signal Enhancement Technologies LLC

Patent Trial and Appeal Board

Jul 24, 2014

09811133 (P.T.A.B. Jul. 24, 2014)

Trials@uspto.gov Paper 17
Tel: 571-272-7822 Entered: July 23, 2014

UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE PATENT TRIAL AND APPEAL BOARD
_______________

BROADCOM CORPORATION,
Petitioner,
v.

SIGNAL ENHANCEMENT TECHNOLOGIES LLC,
Patent Owner.
_______________
Case IPR2014-00188 (Patent 7,493,097)
Case IPR2014-00189 (Patent 7,493,097)
Case IPR2014-00193 (Patent 6,785,530)
1

______________

Before KARL D. EASTHOM, KALYAN K. DESHPANDE, and
MATTHEW R. CLEMENTS, Administrative Patent Judges.

EASTHOM, Administrative Patent Judge.

JUDGMENT
Termination of the Proceedings
37 C.F.R. §§ 42.72, 42.73, 42.74

1
This Judgment pertains to, and will be filed in, each of the three cases. The
parties are not authorized to use this heading style.
IPR2014-00188 and IPR2014-00189 (Patent 7,493,097)
IPR2014-00193 (Patent 6,785,530)

2

On July 22, 2014, in each of the above-listed related proceedings, the parties
filed a joint motion to terminate the respective proceeding, along with a true copy
of their written settlement agreement (Ex. 2001) and a release (Ex. 2002), made in
connection therewith, in accordance with 35 U.S.C. § 317(b) and 37 C.F.R.
§ 42.74(b). Paper 16.
2
The parties also filed joint motions in each case to treat
each settlement agreement and release as business confidential information under
35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c). Paper 17.
In each case, the joint motion to terminate states that the parties jointly
request termination of the respective proceeding and that termination is proper
because the proceeding is at a preliminary stage. See Paper 16. As the motions
note, we recently (April 25, 2014) instituted trial in each case. Id. At this
preliminary stage in each proceeding, the record lacks full briefing on the trial
issues.
The motions also indicate that the respective agreement requires dismissal of
“the only litigation matter involving the challenged patents,” a related district court
lawsuit involving the parties and patents at issue. Id. The motions also indicate
that there are no related proceedings currently at the USPTO, the parties have
settled all disputes involving the two patents at issue, and the parties, in each case,
have entered into a mutual release (Ex. 2002) pursuant to the settlement agreement

2
Record citations refer to the representative IPR2014-00188 proceeding. The
parties filed substantively similar motions, settlement agreements, and releases in
the other two cases, IPR2014-00189 and IPR2014-00193. See IPR2014-00189,
Papers 15, 16, Exs. 2001, 2002; IPR2014-00193, Papers 15, 16, Exs. 2002, 2003.

IPR2014-00188 and IPR2014-00189 (Patent 7,493,097)
IPR2014-00193 (Patent 6,785,530)

3

(Ex. 2001). Id.
Based on the foregoing, the record warrants 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.
It is
ORDERED that the joint motions to terminate IPR2014-00188, IPR2014-
00189, and IPR2014-00193 are granted;
FURTHER ORDERED that IPR2014-00188, IPR2014-00189, and
IPR2014-00193 are terminated; and
FURTHER ORDERED that the parties’ joint requests in each case,
IPR2014-00188, IPR2014-00189, and IPR2014-00193, that the respective
settlement agreement and release 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), are granted.

IPR2014-00188 and IPR2014-00189 (Patent 7,493,097)
IPR2014-00193 (Patent 6,785,530)

4

FOR PETITIONER:

Dominic Massa
Michael Diener
Wilmer Cutler Pickering Hale and Dorr LLP
dominic.massa@wilmerhale.com
michael.diener@wilmerhale.com

FOR PATENT OWNER:

Keith Rutherford
James Hall
Wong Cabello Lutsch Rutherford & Brucculeri, L.L.P.
SETIPR@counselip.com
jhall@counselip.com