Pantech Wireless, Inc.v.Kamilo FeherDownload PDFPatent Trial and Appeal BoardSep 12, 201412960534 (P.T.A.B. Sep. 12, 2014) Copy Citation Trials@uspto.gov Paper 14 571-272-7822 Entered: September 12, 2014 UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD PANTECH WIRELESS, INC. Petitioner v. KAMILO FEHER Patent Owner Case number IPR2014-00769 Patent 7,983,678 Before BRYAN F. MOORE, NEIL T. POWELL, and JON B. TORNQUIST, Administrative Patent Judges. MOORE, Administrative Patent Judge. ORDER Termination of the Proceeding 37 C.F.R. § 42.72 On September 5, 2014, the parties filed a joint motion to terminate this proceeding, along with a true copy of their written settlement agreement, made in connection with the termination of the instant proceeding, in accordance with 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(b). Paper 12; Ex. 1016. The parties also filed a joint request to have their settlement agreement treated as confidential business information under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c). Paper 13. IPR2014-00769 Patent 7,983,678 2 The joint motion to terminate indicates that the settlement agreement requires the parties to terminate this inter partes review and the related district court action involving U.S. Patent No. 7,983,678. Paper 12 at 2. The Board has not instituted trial. The motion to terminate was filed prior to the deadline for the Patent Owner’s preliminary response and no such response was filed. Based on the facts of this case, it is appropriate to terminate this proceeding without rendering a final written decision. See 35 U.S.C. § 317(a); 37 C.F.R. § 42.72. It is ORDERED that the joint motion to terminate IPR2014-00769 is granted; FURTHER ORDERED that the proceeding is 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. IPR2014-00769 Patent 7,983,678 3 For PETITIONER: Richard Wells Matt Dushek BAKER & MCKENZIE, LLP richard.wells@bakermckenzie.com matt.dushek@bakermckenzie.com PATENT OWNER: Robb Edmonds John Holman EDMONDS & NOLTE, P.C. redmonds@edmondsnolte.com jholman@edmondsnolte.com Copy with citationCopy as parenthetical citation
