CISCO SYSTEMS, INC.v.Network Congestion Solutions, LLC

Patent Trial and Appeal BoardOct 13, 2015

09304188 (P.T.A.B. Oct. 13, 2015)

Trials@uspto.gov Paper No. 9 571-272-7822 Entered: October 13, 2015 UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ CISCO SYSTEMS, INC., Petitioner, v. NETWORK CONGESTION SOLUTIONS LLC, Patent Owner. ____________ Case IPR2015-01510 U.S. Patent No. 6,826,620 ____________ Before MICHAEL W. KIM, DANIEL N. FISHMAN and GREGG I. ANDERSON, Administrative Patent Judges. ANDERSON, Administrative Patent Judge. DECISION Joint Motion to Terminate 37 C.F.R. § 42.5(a), 42.71(a) IPR2015-01510 U.S. Patent No. 6,826,620 2 On October 13, 2015, the parties filed a “Joint Motion to Terminate Proceedings” (“Joint Motion to Terminate”) based on a Patent License Agreement (“License”) that resolves the parties’ disputes related to the challenged patent. Paper 7. The parties concurrently filed a copy of the License (Ex. 2001) along with a “Joint Request to File Agreement as Business Confidential Information” (“Confidentiality Request”) pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c). Paper 8. The Confidentiality Request also seeks to have the License kept separate from the file of the challenged patent and filed in PRPS as “Board Only.” Id. at 1; see also 37 C.F.R. § 42.74(c) (“A party to a settlement may request that the settlement be treated as business confidential information and be kept separate from the files of an involved patent or application.”). We have not yet entered a decision on institution. Under these circumstances, we determine that it is appropriate to dismiss the Petition. See 37 C.F.R. §§ 42.5(a), 42.71(a). This paper does not constitute a final written decision pursuant to 35 U.S.C. § 318(a). ORDER Accordingly, it is ORDERED that the Joint Motion to Terminate is granted; and FURTHER ORDERED that the settlement agreement Exhibit 2001 be treated as business confidential information, be designated “Board Only,” and be kept separate from the files of the involved U.S. Patent No. 6,826,620. IPR2015-01510 U.S. Patent No. 6,826,620 3 For PETITIONER: David L. McCombs Thomas W. Kelton Theodore M. Foster HAYNES AND BOONE, LLP David.McCombs.ipr@haynesboone.com Thomas.kelton.ipr@haynesboone.com ipr.theo.foster@haynesboone.com For PATENT OWNER: Joseph P. Oldaker Timothy E. Grochocinski NELSON BUMGARDNER, P.C. joseph@nelbum.com tim@nelbum.com

CISCO SYSTEMS, INC. v. Network Congestion Solutions, LLC