Porsche Cars North America, Inc. v Vehicle Interface Technologies, LLC

Patent Trial and Appeal BoardApr 15, 2014

10376783 (P.T.A.B. Apr. 15, 2014)

Trials@uspto.gov Paper 14 571-272-7822 Entered: April 15, 2014 UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ PORSCHE CARS NORTH AMERICA, INC. Petitioner v. VEHICLE INTERFACE TECHNOLOGIES, LLC Patent Owner ____________ Case IPR2014-00014 Patent 6,842,677 B2 ____________ Before FRANCISCO C. PRATS, JOSIAH C. COCKS, and CARL M. DEFRANCO, Administrative Patent Judges. COCKS, Administrative Patent Judge. JUDGMENT Termination of the Proceeding 37 C.F.R. § 42.73 Case IPR2014-00014 Patent 6,842,677 B2 2 On April 9, 2014, the parties filed a joint motion to terminate this proceeding. Paper 11 (“Joint Motion to Terminate”); see 35 U.S.C. § 317(a); 37 C.F.R. § 42.72. The parties filed a copy of their written settlement agreement (Exhibit 2003), dated April 9, 2014, as well as a request (Paper 12) to treat the settlement agreement as business confidential information under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c). The parties stated in their motion that they “have settled their dispute, and have reached agreement to terminate this inter partes review.” Paper 11, 1. The parties are reminded that the Board is not a party to the settlement, and may identify independently any question of patentability. 37 C.F.R § 42.74(a). Generally, however, the Board expects that a proceeding will terminate after the filing of a settlement agreement. See, e.g., Office Patent Trial Practice Guide, 77 Fed. Reg. 48756, 48768 (Aug. 14, 2012). This proceeding is still in the preliminary stages. The Board has not instituted a trial. Petitioner indicates that it will no longer participate in this inter partes review proceeding even if the Board does not terminate the proceeding. Paper 11, 4. Under the circumstances, the Board determines that it is appropriate to terminate this proceeding without rendering either a decision to institute or a final written decision. See 37 C.F.R. § 42.72. ORDER In consideration of the foregoing, it is hereby: ORDERED that the parties’ joint request that the settlement agreement (Exhibit 2003) be treated as business confidential information under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c) is GRANTED; and FURTHER ORDERED that the joint motion to terminate the proceeding is GRANTED and this proceeding is terminated. Case IPR2014-00014 Patent 6,842,677 B2 3 PETITIONER: Edgar H. Haug Eugene LeDonne David V. Rossi FROMMER LAWRENCE & HAUG LLP pcna.vit.ipr@flhlaw.com PATENT OWNER: Tarek N. Fahmi FAHMI, SELLERS, EMBERT & DAVITZ tarek.fahmi@fseip.com