`
`
`Filed on behalf of Shoutpoint, Inc. and Victory Solutions, LLC
`By: Michelle E. Armond
`
`Brenton R. Babcock
`Ted M. Cannon
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2040 Main Street, 14th Floor
`Irvine, CA 92614
`Telephone: 949-760-0404
`Facsimile: 949-760-9502
`Email: BoxSHOUTVS@knobbe.com
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________________________
`
`SHOUTPOINT, INC. and VICTORY SOLUTIONS, LLC
`Petitioners
`
`v.
`
`BROADNET TELESERVICES, LLC
`Patent Owner.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Case No. CBM2015-00177
`U.S. Patent No. 9,081,485
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`JOINT MOTION TO TERMINATE PROCEEDINGS
`UNDER 35 U.S.C. § 327(a)
`
`
`
`
`
`
`
`
`
`
`
`
`
`Shoutpoint v. Broadnet
`CBM2015-00177
`Pursuant to 35 U.S.C. § 327(a), 37 C.F.R. §§ 42.72 and 42.74, Petitioners
`
`Shoutpoint, Inc. and Victory Solutions, LLC (“Petitioners”) and Patent Owner
`
`Broadnet Teleservices, LLC (“Patent Owner”) jointly file this request for
`
`termination of this covered business method review of U.S. Patent No. 9,081,485.
`
`The Board authorized this Motion via e-mail on November 3, 2015.
`
`A petition for covered business method review was filed on August 20,
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`2015. The parties have settled their dispute, and executed a confidential settlement
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`agreement to terminate this proceeding, Case CBM2015-00176, and other related
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`litigation proceedings involving the subject patent, and no other proceedings
`
`concerning the subject patent are contemplated by the parties in the foreseeable
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`future. Petitioners have agreed to no longer substantively participate in any further
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`proceedings in CBM2015-00176, -00177. The Confidential Settlement Agreement
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`is in writing and was executed by the parties on October 30, 2015, and no collateral
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`agreements were made in connection with the termination of this proceeding. In
`
`accordance with 35 U.S.C. § 327(b) and 37 C.F.R. § 42.74(b), a true and correct
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`copy of the Settlement Agreement is being submitted herewith as Exhibit 1016.
`
`Also submitted concurrently herewith is a request by Petitioners and Patent Owner
`
`that the Settlement Agreement be treated as business confidential information, be
`
`kept separate from the file of the involved patents, and be made available only to
`
`-1-
`
`
`
`Shoutpoint v. Broadnet
`CBM2015-00177
`Federal Government agencies on written request, or to any person on a showing of
`
`good cause pursuant to 35 U.S.C. § 327(b) and 37 C.F.R. § 42.74(c).
`
`Termination of this proceeding is proper under 35 U.S.C. § 327(a) because
`
`the Board has not yet instituted the proceeding. Accordingly, the parties
`
`respectfully request termination of this proceeding.
`
`The Patent Trial and Appeal Board is hereby authorized to charge any fees
`
`associated with the filing to Deposit Account 111410 (Customer ID No. 20,995).
`
`
`
`Respectfully submitted,
`
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`
`
`
`By: /Michelle E. Armond/
`Michelle E. Armond (Reg. No. 53,954)
`Brenton R. Babcock (Reg. No. 39,592)
`Ted M. Cannon (Reg. No. 55,036)
`
`Attorneys for Petitioners
`Shoutpoint, Inc. and Victory Solutions, LLC
`
`
`
`HOLZERIPLAW, PC
`
`
`
`
`
`By: /Richard J. Holzer, Jr./
`
`Richard J. Holzer, Jr. (Reg. No. 42,668)
`
`Lead Attorney for Patent Owner
`Broadnet Teleservices, LLC
`
`
`
`-2-
`
`
`
`
`
`
`
`Dated: November 5, 2015
`
`Dated: November 5, 2015
`
`
`
`
`Shoutpoint v. Broadnet
`CBM2015-00177
`
`CERTIFICATE OF SERVICE
`
`
`
`I hereby certify that a true and correct copy of the foregoing JOINT
`
`MOTION TO TERMINATE PROCEEDINGS UNDER 35 U.S.C. § 327(a) is
`
`being served on November 5, 2015, via electronic mail pursuant to 37 C.F.R. §
`
`42.6(e) and with the agreement of counsel for Patent Owner as addressed below:
`
`Richard J. Holzer, Jr.,
`HOLZERIPLAW, PC
`216 16th Street, Suite 1350
`Denver, CO 80202
`rholzer@holzeriplaw.com
`BroadnetCBM@holzeriplaw.com
`
`Scott M. Daniels
`WESTERMAN HATTORI DANIELS & ADRIAN, LLP
`1250 Connecticut Avenue, N.W., Suite 700
`Washington, D.C. 20036
`sdaniels@whda.com
`
`Charles Bieneman
`BEJIN BIENEMAN PLC
`300 River Place, Suite 1650
`Detroit, MI 48207
`bieneman@b2iplaw.com
`
`
`
`By: /Michelle E. Armond/
`Michelle E. Armond (Reg. No. 53,954)
`Brenton R. Babcock (Reg. No. 39,592)
`Ted M. Cannon (Reg. No. 55,036)
`
`
`Attorneys for Petitioners
`Shoutpoint, Inc. and Victory Solutions, LLC
`
`-3-
`
`
`
`Dated: November 5, 2015
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