`571-272-7822
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` Paper 10
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`
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` Entered: November 6, 2014
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`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SHOUTPOINT, INC. and VICTORY SOLUTIONS, LLC,
`Petitioner,
`
`v.
`
`BROADNET TELESERVICES, LLC,
`Patent Owner.
`____________
`
`Case CBM2015-00176 (Patent 8,881,027 B1)
`Case CBM2015-00177 (Patent 9,081,485 B1)1
` ___________________
`
`
`Before JAMES B. ARPIN, KEVIN W. CHERRY, and
`CHRISTOPHER G. PAULRAJ, Administrative Patent Judges.
`
`ARPIN, Administrative Patent Judge.
`
`
`JUDGMENT
`Termination of the Proceeding
`37 C.F.R. § 42.73(a)
`
`
`
`
`
`
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`1 This Judgment addresses issues that are identical in each case. We, therefore,
`exercise our discretion to issue one Judgment to be filed in each case. The parties
`are not authorized to use this style heading for any subsequent papers.
`
`
`
`CBM2015-00176 (Patent 8,881,027 B1)
`CBM2015-00177 (Patent 9,081,485 B1)
`
`On November 5, 2015, the parties filed a Joint Motion to Terminate (Paper
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`8)2 pursuant to 35 U.S.C. § 327(a) in each of the above-captioned cases. In
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`addition, pursuant to 35 U.S.C. § 327(b) and 37 C.F.R. § 42.74(c), Petitioner filed
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`a copy of a Settlement Agreement (Ex. 1016), along with a Joint Request to File
`
`Settlement Agreement As Business Confidential Information Pursuant 35 U.S.C.
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`§ 327 (Paper 9), to be kept separate from the patent files, in each case.
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`These cases are in the preliminary proceeding3 stage; no decision whether to
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`institute a trial has been made. The parties have requested that the co-pending
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`district court litigation between the parties be dismissed, with prejudice; and the
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`parties have represented that they have settled their disputes regarding the patents
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`at issue. See Paper 9, 1. Under these circumstances, we determine that it is
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`appropriate to terminate these cases without rendering final written decisions.
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`37 C.F.R. § 42.74. Based on the facts of these cases, it is appropriate to enter this
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`judgment.4 Therefore, the Joint Motions to Terminate are granted.
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`Accordingly, it is
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`ORDERED that the parties’ requests that the Settlement Agreement be
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`treated as business confidential information, to be kept separate from the patent
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`files, are granted;
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`FURTHER ORDERED that the Joint Motions to Terminate are granted; and
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`
`
`2 The same paper and exhibit numbers are applicable to each case.
`3 A preliminary proceeding begins with the filing of a petition for instituting a trial
`and ends with a written decision as to whether trial will be instituted.
`37 C.F.R. § 42.2.
`4 A judgment means a final written decision by the Board, or a termination of a
`proceeding. 37 C.F.R. § 42.2.
`
`2
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`
`
`CBM2015-00176 (Patent 8,881,027 B1)
`CBM2015-00177 (Patent 9,081,485 B1)
`
`FURTHER ORDERED that the cases are terminated.
`
`
`
`
`
`3
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`
`
`CBM2015-00176 (Patent 8,881,027 B1)
`CBM2015-00177 (Patent 9,081,485 B1)
`
`
`
`PETITIONER
`
`Michelle E. Armond
`Brenton R. Babcock
`Ted M. Cannon
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2mea@knobbe.com
`2brb@knobbe.com
`2tmc@knobbe.com
`
`PATENT OWNER
`
`Richard J. Holzer, Jr.,
`HOLZERIPLAW, PC
`rholzer@holzeriplaw.com
`BroadnetCBM@holzeriplaw.com
`
`Scott M. Daniels
`WESTERMAN HATTORI DANIELS & ADRIAN, LLP
`sdaniels@whda.com
`
`Charles Bieneman
`BEJIN BIENEMAN PLC
`bieneman@b2iplaw.com
`
`4
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