Match Group, LLC

Patent Trials and Appeals Board

Jun 22, 2020

IPR2019-01538 (P.T.A.B. Jun. 22, 2020)

Trials@uspto.gov Paper 15
571-272-7822 Entered: June 22, 2020

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

BUMBLE TRADING INC.,
Petitioner,

v.

MATCH GROUP, LLC,
Patent Owner.
____________

IPR2019-00842 (Patent 9,733,811 B2)
IPR2019-01000 (Patent 9,959,023 B2)
IPR2019-01537 (Patent 10,203,854 B2)1
____________

Before BRIAN J. McNAMARA, JESSICA C. KAISER, and
MICHAEL T. CYGAN, Administrative Patent Judges.

CYGAN, Administrative Patent Judge.

DECISION
Terminating the Proceedings
37 C.F.R. §§ 42.72, 42.74

1 IPR2019-01538 has been consolidated with IPR2019-01537. The parties
are not authorized to use this caption.
IPR2019-00842 (Patent 9,733,811 B2)
IPR2019-01000 (Patent 9,959,023 B2)
IPR2019-01537 (Patent 10,203,854 B2)
2

The parties have requested that the above-captioned proceedings be
terminated pursuant to a settlement. The Board authorized the parties to file
a joint motion to terminate the proceedings on June 15, 2020.
On June 16, 2020, and pursuant to 35 U.S.C. § 317(a), the parties filed
a Joint Motion to Terminate. Paper 37 (IPR2019-00842), Paper 24
(IPR2019-01000, IPR2019-01537). On that same date, the parties also filed
a Joint Request That Settlement and License Agreement be Treated as
Business Confidential Information Under 35 U.S.C. § 317(b). Paper 38
(IPR2019-00842), Paper 25 (IPR2019-01000, IPR2019-01537). Also on
that date, the parties filed a copy of the settlement agreement. Ex. 2080
(IPR2019-00842), Ex. 2098 (IPR2019-01000), Ex. 2089 (IPR2019-01537).
Generally, the Board expects that a proceeding will terminate after the
filing of a settlement agreement. See, e.g., Patent Trial and Appeal Board
Consolidated Trial Practice Guide, 86 (2019). We have instituted trial in
each of these proceedings. Paper 10 (IPR2019-00842, IPR2019-01000),
Paper 14 (IPR2019-01537), Paper 13 (IPR2019-01538). Thus, each
proceeding is a trial subject to termination under 37 C.F.R. § 42.72. See
37 C.F.R. § 42.2.
The parties represent that the settlement agreement filed in each
proceeding is a true copy of the settlement agreement between the parties.
Paper 37, 3 (IPR2019-00842), Paper 24, 3 (IPR2019-01000, IPR2019-
01537). The parties jointly certify that there are no collateral agreements or
understandings made in connection with, or in contemplation of, the
termination of the above-listed IPR proceedings. Id. The parties represent
that they are jointly moving to dismiss, with prejudice, related district court
IPR2019-00842 (Patent 9,733,811 B2)
IPR2019-01000 (Patent 9,959,023 B2)
IPR2019-01537 (Patent 10,203,854 B2)
3
litigation involving the above-listed patents, namely, Match Group, LLC v.
Bumble Trading Inc., Case No. 6:18-cv-00080-ADA (W.D. Tex.). Id. at 2,
4. The parties further state that there are no other outstanding disputes, and
no currently contemplated future litigation or proceeding involving the
above-listed patents. Id. at 4.
Based on the facts of the case, and in view of the parties’ Joint Motion
to Terminate, we are persuaded that it is appropriate to terminate these
proceedings with respect to both Petitioner and Patent Owner without
rendering any further decisions. See 37 C.F.R. §§ 42.5(a), 42.72. Therefore,
the Joint Motion to Terminate Proceeding and Joint Motion to File
Settlement Agreement as Business Confidential Information are granted in
both proceedings. This paper does not constitute a final written decision
pursuant to 35 U.S.C. § 318(a).
Accordingly, it is
ORDERED that the Joint Request That Settlement and License
Agreement be Treated as Business Confidential Information Under 35
U.S.C. § 317(b), to be kept separate from the patent file, is granted;
FURTHER ORDERED that the Joint Motion to Terminate is granted;
FURTHER ORDERED that the hearing scheduled to take place on
June 23, 2020 is cancelled; and
FURTHER ORDERED that these proceedings are terminated with
respect to both Petitioner and Patent Owner.

IPR2019-00842 (Patent 9,733,811 B2)
IPR2019-01000 (Patent 9,959,023 B2)
IPR2019-01537 (Patent 10,203,854 B2)
4
PETITIONER:

Frank Pietrantonio
Samuel Whitt
COOLEY LLP
fpietrantonio@cooley.com;
swhitt@cooley.com;

PATENT OWNER:

Chad C. Walters
Clarke W. Stavinoha
BAKER BOTTS L.L.P.
chad.walters@bakerbotts.com
clarke.stavinoha@bakerbotts.com