GSI Commerce Solutions, Inc.v.Clear With Computers, LLC

Patent Trial and Appeal BoardNov 14, 2014

13115928 (P.T.A.B. Nov. 14, 2014)

Trials@uspto.gov Paper 35 Tel: 571-272-7822 Entered: November 14, 2014 UNITED STATES PATENT AND TRADEMARK OFFICE _______________ BEFORE THE PATENT TRIAL AND APPEAL BOARD _______________ GSI COMMERCE SOLUTIONS, INC., Petitioner, v. CLEAR WITH COMPUTERS, LLC, Patent Owner. _______________ Case CBM2013-00055 Patent 8,266,015 _______________ Before JENNIFER S. BISK, BENJAMIN D. M. WOOD, and MICHELLE R. OSINSKI, Administrative Patent Judges. BISK, Administrative Patent Judge. JUDGMENT Termination of the Proceeding 35 U.S.C. Â§ 327(a); 37 C.F.R. Â§ 42.72 CBM2013-00055 Patent 8,266,015 2 We instituted trial in this proceeding on March 6, 2014. Paper 16. On November 12, 2014, the parties jointly requested that this trial proceeding be terminated pursuant to a settlement. Paper 32. With their motion to terminate, the parties also filed a copy of a written settlement agreement that they request be kept confidential. Paper 33; Ex. 2007. This proceeding has not resulted in a final decision on the merits. The parties indicate that they have agreed to resolve all disputes between the parties and that all district court litigations involving the challenged patent have been terminated. Paper 32, 2â€“3 (representing that, in several district court cases, a judgment on the pleadings has been entered finding claims 1â€“4, 10, and 11 of the challenged patent invalid under 35 U.S.C. Â§ 101). Under these circumstances, we determine that it is appropriate to enter judgment1 and terminate the trial without rendering a final written decision. 37 C.F.R. Â§ 42.72. Accordingly, it is ORDERED that the joint motion to terminate the proceeding is granted; FURTHER ORDERED that the proceeding is terminated; and FURTHER ORDERED that the joint request that the settlement agreement be treated as business confidential information and be kept separate from the file of the involved patents under the provisions of 35 U.S.C. Â§ 327(b) and 37 C.F.R. Â§ 42.74(c), is granted. 1 A judgment means a final written decision by the Board, or a termination of a proceeding. 37 C.F.R. Â§ 42.2. CBM2013-00055 Patent 8,266,015 3 PETITIONER: Scott McKeown Greg Gardella OBLON, SPIVAK, MAIER, MCCLELLAND, AND NEUSTADT, LLP CPDocketMcKeown@oblon.com CPDocketGardella@oblon.com PATENT OWNER: Tarek Fahmi Amy Embert FAHMI, SELLERS, EMBERT & DAVITZ tarek.fahmi@ascendalaw.com amy.embert@ascendalaw.com

GSI Commerce Solutions, Inc. v. Clear With Computers, LLC