Fujitsu Network Communications, Inc.v.Thomas Swan & Co. Ltd.

Patent Trials and Appeals Board

Nov 10, 2014

11978258 - (D) (P.T.A.B. Nov. 10, 2014)

Trials@uspto.gov Paper 11
571-272-7822 Entered: November 10, 2014

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

FUJITSU NETWORK COMMUNICATIONS, INC.
Petitioner

v.

THOMAS SWAN & CO., LTD
Patent Owner
____________

Case IPR2014-01381 (Patent 8,335,033)
Case IPR2014-01382 (Patent 8,089,683)
Case IPR2014-01383 (Patent 7,145,710)
Case IPR2014-01384 (Patent 7,664,395)
1

____________

Before GLENN J. PERRY, MICHELLE R. OSINSKI, SCOTT A.
DANIELS, and BARBARA A. PARVIS, Administrative Patent Judges

PERRY, Administrative Patent Judge

JUDGMENT
Termination of the Proceeding
37 C.F.R. § 42.73

On October 28, 2014, the parties filed joint motions
2
to terminate each
of the above-captioned proceedings, along with a true copy of their written

1
This order deals with issues common to four cases. The parties are not
authorized to use a joint caption and must file documents separately in each
case.
Cases IPR2014-01381, -01382, -01383, and -01384
Patents 8,335,033, 8,089,683, 7,145,710, and 7,664,395

settlement agreement
3
, made in connection with the termination of these
proceedings, in accordance with 35 U.S.C. § 317(b) and 37 C.F.R.
§ 42.74(b). The joint motions to terminate indicate that the settlement
agreement requires the parties to terminate all disputes, including related
matters and litigation involving the U.S. Patents that are the subject of these
proceedings and related District Court litigation. The motions also request
that the Settlement Agreement be maintained as business confidential
information under 37 C.F.R. § 42.74(c).
The Board has not yet instituted trial. At this preliminary stage of the
proceedings, the Board does not have before it full briefing on the trial
issues and the Board has not entered a final decision.
Based on the facts of this case, it is appropriate to enter judgment
4

without rendering a final written decision. See 35 U.S.C. § 317(a); 37
C.F.R. § 42.72.

2
IPR2014-01381, Paper 7; IPR2014-01382, Paper 9; IPR2014-01383, Paper
9; IPR2014-01384, Paper 9.
3
IPR2014-01381, Exhibit 2001; IPR2014-01382, Exhibit 2001; IPR2014-
01383, Exhibit 2001; IPR2014-01384, Exhibit 2001.
4
A judgment means a final written decision by the Board, or a termination
of a proceeding. 37 C.F.R. § 42.2.
Cases IPR2014-01381, -01382, -01383, and -01384
Patents 8,335,033, 8,089,683, 7,145,710, and 7,664,395

ORDER
It is
ORDERED that the joint motions to terminate the captioned
proceedings are granted;
FURTHER ORDERED that the proceedings are terminated; and
FURTHER ORDERED that the parties’ joint request that the
settlement agreement be treated as business confidential information kept
separate from the patent file, 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), is
granted.

Cases IPR2014-01381, -01382, -01383, and -01384
Patents 8,335,033, 8,089,683, 7,145,710, and 7,664,395

For PETITIONER:

Christopher E. Calsen
Nathaniel T. Browand
Suraj Balusu
Milbank, Tweed, Hadley & McCoy LLP
NBrowand@milbank.com
cchalsen@milbank.com
sbalusu@milbank.com

For PATENT OWNER

Marc M. Wefers
Karl Renner
Fish & Richardson P.C.
Wefers@fr.com
IPR28733-0005IP2@fr.com