`571-272-7822
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` Paper No. 11
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` Entered: January 7, 2015
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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`
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`SALESFORCE.COM, INC.
`Petitioner
`
`v.
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`VIRTUALAGILITY, INC.
`Patent Owner
`____________
`
`Case CBM2014-00181
`Patent 8,095,413
`____________
`
`
`
`Before JAMESON LEE, GEORGIANNA W. BRADEN, and
`CHRISTOPER KAISER, Administrative Patent Judges.
`
`BRADEN, Administrative Patent Judge.
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`ORDER
`Termination of the Proceedings
`37 C.F.R. § 42.72
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`
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`Case CBM2014-00181
`Patent 8,095,413
`
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`On November 7, 2014, pursuant to 35 U.S.C. § 327(a), the parties filed a
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`Joint Motion to terminate this proceeding. Paper 8 (“Joint Motion”).
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`Accompanying the Joint Motion, the parties filed a true copy of a Settlement
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`Agreement resolving their dispute along with a Joint Request to treat the
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`Settlement Agreement as business confidential, to be kept separate from the patent
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`file under 35 U.S.C. § 327(b) and 37 C.F.R. § 42.74. Ex. 1011; Paper 9 (“Joint
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`Request”). We authorized the filing of these papers.
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`This proceeding is still in its preliminary stages. Other than the pending
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`Joint Motion and Joint Request, no significant activity has occurred since the filing
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`of the Petition on August 27, 2014. Paper 3. A preliminary response to the
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`Petition, due on December 4, 2014, was not filed by Patent Owner, and trial has
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`not been instituted yet. Based on the facts of this case, it is appropriate to
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`terminate this proceeding without rendering a final written decision. 37 C.F.R. §
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`42.72. Therefore, the Joint Motion is granted.
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`Both parties request that the Settlement Agreement be kept separate and
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`treated as business confidential information under 37 C.F.R. § 42.74(b). Joint
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`Request, 2. The Joint Request was filed along with the Settlement Agreement, and
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`both were filed before termination of the proceeding. Id. Accordingly, the Joint
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`Request is granted. Pursuant to 37 C.F.R. § 42.74(c), the Settlement Agreement
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`“shall only be available (1) [t]o a Government agency on written request to the
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`Board; or (2) [t]o any other person upon written request to the Board to make the
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`settlement agreement available, along with the fee specified in [37 C.F.R. §
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`42.15(d)] and on a showing of good cause.”
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`
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`Case CBM2014-00181
`Patent 8,095,413
`
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`Accordingly, it is
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`ORDERED that the parties’ joint request that the settlement agreement (Ex.
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`1011) be treated as business confidential information, to be kept separate from the
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`file of U.S. Patent No. 8,095,413 is granted;
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`FURTHER ORDERED that the Settlement Agreement (Ex. 1011) shall be
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`made available only pursuant to the provisions of 37 C.F.R. § 42.74(c).
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`FURTHER ORDERED that the joint motion to terminate the proceeding is
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`granted; and
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`FURTHER ORDERED that the proceeding is terminated.
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`Case CBM2014-00181
`Patent 8,095,413
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`PETITIONER:
`
`Michael Rosato
`mrosato@wsgr.com
`
`Jose Villarreal
`jvillarreal@wsgr.com
`
`PATENT OWNER:
`
`Jay Kesan
`jay@keyiplaw.com
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