`Tel: 571-272-7822
`
`Paper 24
`Entered: January 17, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`iHEARTMEDIA, INC.,
`Petitioner
`v.
`DTS, INC.
`Patent Owner.
`
`
`Case CBM2016-00010
`Patent 7,908,172
`
`
`
`Before MICHAEL P. TIERNEY, Vice Chief Administrative Patent Judge,
`and KALYAN K. DESHPANDE and MINN CHUNG, Administrative
`Patent Judges.
`
`TIERNEY, Vice Chief Administrative Patent Judge.
`
`
`
`
`
`JUDGMENT
`Termination of the Proceeding
`37 C.F.R. § 42.73
`
`
`
`
`
`
`
`
`
`
`
`
`
`CBM2016-00010
`Patent 7,908,172
`
`
`On January 5, 2017, the parties filed a joint motion to terminate the
`proceeding pursuant to 35 U.S.C. § 327. Paper 23. Additionally, pursuant
`to 35 U.S.C. § 327(b) and 37 C.F.R. § 42.74, the parties filed a copy of a
`settlement agreement (Ex. 2006) and requested that the settlement agreement
`be treated as business confidential, and to be kept separate from the patent
`file. Paper 23, 3.
`The standard for settling a covered business method patent review is
`set forth in 35 U.S.C. § 327(a), which provides that a review shall be
`terminated with respect to any petitioner upon the joint request of the
`petitioner and patent owner, unless the Office has decided the merits of the
`proceeding before the request for termination is filed. Generally, the Board
`expects that a proceeding will terminate after the filing of a settlement
`agreement, if the settlement agreement includes all parties. See, e.g., Office
`Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,768 (Aug. 14, 2012).
`The parties have filed such an agreement. Ex. 2006. In their accompanying
`motion to terminate, the parties indicate that they have settled all disputes
`between the parties with regard to U.S. Patent No. 7,908,172. Paper 23, 2.
`Oral argument has not yet been held. Under these circumstances, we
`are persuaded that it is appropriate to terminate this proceeding with respect
`to both Petitioner and Patent Owner. Based on the facts of this case, it is
`appropriate to enter judgment.1 Therefore, the joint motion to terminate the
`proceeding is GRANTED.
`Accordingly, it is
`
`
`1 A judgment means a final written decision by the Board, or a termination
`of a proceeding. 37 C.F.R. § 42.2.
`
`2
`
`
`
`CBM2016-00010
`Patent 7,908,172
`
`ORDERED that the parties’ request that the settlement agreement be
`treated as business confidential information, to be kept separate from the
`patent file, is GRANTED;
`FURTHER ORDERED that the joint motion to terminate the
`proceeding is GRANTED; and
`FURTHER ORDERED that the proceeding is TERMINATED.
`
`3
`
`
`
`PETITIONER:
`Marc Pensabene
`mpensabene@omm.com
`
`Brian Cook
`bcook@omm.com
`
`PATENT OWNER:
`
`Daniel Albers
`dalbers@btlaw.com
`
`
`Steven Shipe
`steven.shipe@btlaw.com
`
`
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