Cirque du Soleil My Call, L.L.C.v.Hologram USA, Inc.

Patent Trial and Appeal BoardJul 10, 2015

10599553 (P.T.A.B. Jul. 10, 2015)

Trials@uspto.gov Paper 11 571-272-7822 Entered: July 10, 2015 UNITED STATES PATENT AND TRADEMARK OFFICE _____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ CIRQUE DU SOLEIL MY CALL, L.L.C., Petitioner, v. HOLOGRAM USA, INC., Patent Owner. ____________ Case IPR2015-00959 Patent 7,883,212 ____________ Before JAMESON LEE, JUSTIN BUSCH, and MICHELLE N. WORMMEESTER, Administrative Patent Judges. WORMMEESTER, Administrative Patent Judge. DECISION Joint Motion to Terminate 37 C.F.R. § 42.74 IPR2015-00959 Patent 7,883,212 On July 9, 2015, the parties filed a Joint Motion to Terminate this proceeding. Paper 8. The parties represent that they “reached an agreement resolving their dispute concerning the ’212 patent” in this proceeding and a related district court litigation. Id. at 1. With their Joint Motion to Terminate, the parties filed what they represent is a “true copy of the written Confidential Settlement Agreement (Exhibit 2001) and the Binding Term Sheet (Exhibit 2002) resolving the dispute with respect to the ’212 patent” in this proceeding and the related district court litigation. Id. at 5. In a concurrently filed Joint Request, the parties request that these agreement papers be treated as business confidential information and be kept separate from the file of the involved patent. Paper 9. This proceeding is in an early stage, and no decision whether to institute inter partes review has been made. Under these circumstances, we determine that it is appropriate to terminate this proceeding. The Joint Request is granted to the extent that it requests that the agreement papers be treated as business confidential and be kept separate from the patent file but denied to the extent that it requests that we seal any portion of the file. Accordingly, it is: ORDERED that the Joint Motion to Terminate is granted; and FURTHER ORDERED that the settlement agreement (Ex. 2001) and term sheet (Ex. 2002) be treated as business confidential information and be kept separate from the file of the involved patent, to be made available only to Federal Government agencies on written request, or to any person on a showing of good cause. IPR2015-00959 Patent 7,883,212 FOR PETITIONER: David Ben-Meir Mark Garrett Norton Rose Fulbright US LLP david.ben-meir@nortonrosefulbright.com mark.garrett@nortonrosefulbright.com FOR PATENT OWNER: May Chan Baker Marquart LLP mchan@bakermarquart.com

Cirque du Soleil My Call, L.L.C. v. Hologram USA, Inc.