Kum Oh Electronics Co., Ltd.v.InVue Security Products Inc.

Patent Trial and Appeal Board

Aug 4, 2014

11638727 (P.T.A.B. Aug. 4, 2014)

Trial@uspto.gov
571-272-7822
Paper 16
Entered: August 4, 2014

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

KUM OH ELECTRONICS CO., LTD,
Petitioner

v.

INVUE SECURITY PRODUCTS, INC.,
Patent Owner.
____________

Case IPR2014-00457
Patent 7,737,843 B2
____________

Before PHILLIP J. KAUFFMAN, BRIAN J. McNAMARA, and
BENJAMIN D. M. WOOD, Administrative Patent Judges.

McNAMARA, Administrative Patent Judge.

JUDGMENT
TERMINATION OF THE PROCEEDING

37 C.F.R. § 42.73

Case IPR2014-00457
Patent 7,737,843 B2

2

The parties have requested that this trial proceeding be terminated pursuant
to a settlement. On July 17, 2104, the Board authorized the parties to file a Joint
Request to Terminate and a Joint Request to File the Settlement as Business
Confidential under 37 C.F.R. 42.74(c). Paper 13. On July 23, 2014, the parties
filed a Joint Motion Terminate (Paper 14), and a Joint Request to File the
Settlement Agreement as Business Confidential Information (Paper 15). See
35 U.S.C. § 317(a); 37 C.F.R. § 42.72. With their Joint Motion to Terminate and
Joint Request to File the Settlement Agreement as Business Confidential
Information the parties also filed a true copy of the written settlement agreement.
Ex. 2001.
A decision whether to institute a trial has not been entered.. Thus, this
matter was in the preliminary stages at the time the parties moved to terminate this
proceeding. The parties have represented that they have settled the litigation
between them. Although U.S. Patent 7,737,842 B2 is one of four patents asserted
in another lawsuit that is active at this time, no other petitions for inter partes
review have been identified. Under these circumstances, the Board determines that
it is appropriate to enter judgment
1
and terminate the trial without rendering a final
written decision. 37 C.F.R. § 42.72.
It is, therefore,
ORDERED that the joint motion to terminate the proceeding is GRANTED
and the proceeding is hereby terminated;
FURTHER ORDERED that the parties’ joint request that the settlement
agreement be treated as business confidential information which shall be kept

1
A judgment means a final written decision by the Board, or a termination of a
proceeding. 37 C.F.R. § 42.2.
Case IPR2014-00457
Patent 7,737,843 B2

3

separate from the file of the involved patents under the provisions of
35 U.S.C. § 327(b) and 37 C.F.R. § 42.74(c), is GRANTED.

PETITIIONER:

Steve Cho
syc@ampacc.com

PATENT OWNER:

Trent Kirk
trentkirk@invuesecurity.com

Bruce Rose
Bruce.rose@alston.com

Chris Douglas
Christopher.douglas@alston.com