Trials@uspto.gov
`Tel: 571-272-7822
`
`Paper 20
`Entered: February 8, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`PLAID TECHNOLOGIES, INC.,
`Petitioner,
`
`v.
`
`YODLEE, INC.,
`Patent Owner.
`____________
`
`Case IPR2016-00273 (Patent 6,317,783 B1)
`Case CBM2016-00056 (Patent 6,510,451 B2)
`Case CBM2016-00088 (Patent 7,752,535 B2)
`Case CBM2016-00089 (Patent 8,266,515 B2)
`____________
`
`Before SALLY C. MEDLEY, KEVIN F. TURNER, MICHAEL W. KIM,
`MICHAEL R. ZECHER, CHRISTOPHER M. KAISER, and
`JOHN A. HUDALLA, Administrative Patent Judges.
`
`HUDALLA, Administrative Patent Judge.
`
`DECISION
`Termination of the Trials
`37 C.F.R. § 42.72
`
`

`

`IPR2016-00273 (Patent 6,317,783 B1)
`CBM2016-00056 (Patent 6,510,451 B2)
`CBM2016-00088 (Patent 7,752,535 B2)
`CBM2016-00089 (Patent 8,266,515 B2)
`
`On February 7, 2017, the parties filed, in each of the instant cases, a
`
`joint motion to terminate the trial on the basis of a settlement reached by the
`
`parties. See 35 U.S.C. § 317(a); 35 U.S.C. § 327(a); 37 C.F.R. § 42.72. The
`
`parties also filed a copy of their written settlement agreement and a separate
`
`request to treat the settlement agreement as business confidential
`
`information under 35 U.S.C. § 317(b), 35 U.S.C. § 327(b), and 37 C.F.R.
`
`§ 42.74(c).1
`
`The parties’ joint motions to terminate were filed prior to the oral
`
`hearings in these cases, and the Board has not made a final decision on the
`
`merits in any of these cases. See 35 U.S.C. § 317(a); 35 U.S.C. § 327(a).
`
`The parties represent that they have settled their dispute, and that the related
`
`district court litigation has been settled and dismissed.2 Paper 26, 1–2.
`
`Given these facts, we determine that it is appropriate to terminate the trials,
`
`without rendering a final written decision, under 37 C.F.R. § 42.72. The oral
`
`hearings in all of the instant cases are canceled.
`
`“At the request of a party to the proceeding, the [settlement]
`
`agreement or understanding shall be treated as business confidential
`
`
`1 See Case IPR2016-00273, Papers 26–28; Case CBM2016-00056,
`Papers 17–19; Case CBM2016-00088, Papers 10–12; Case CBM2016-
`00089, Papers 10–12. Because the papers are nearly identical in each case,
`we will refer to those filed in Case IPR2016-00273 for convenience. We
`authorized the joint motions to terminate in an email dated February 3, 2017.
`
`2 Each motion to terminate also states that a copy of the settlement
`agreement “is being filed concurrently herewith as an Exhibit.” Paper 26, 1.
`Notwithstanding, the parties filed the settlement agreement as a separate
`paper in each case. See Paper 28. The parties are reminded that evidence is
`typically filed in the form of an exhibit. See 37 C.F.R. § 42.63(a).
`
`2
`
`

`

`IPR2016-00273 (Patent 6,317,783 B1)
`CBM2016-00056 (Patent 6,510,451 B2)
`CBM2016-00088 (Patent 7,752,535 B2)
`CBM2016-00089 (Patent 8,266,515 B2)
`
`information, shall be kept separate from the file of the involved patents, and
`
`shall be made available only to Federal Government agencies on written
`
`request, or to any person on a showing of good cause.” 35 U.S.C. §§ 317(b),
`
`327(b). After reviewing the parties’ settlement agreement, we find that the
`
`settlement agreement contains confidential business information regarding
`
`the terms of settlement. We determine that good cause exists to treat the
`
`settlement agreement as business confidential information pursuant to
`
`35 U.S.C. §§ 317(b) and 327(b).
`
`In consideration of the foregoing, it is hereby:
`
`ORDERED that the parties’ joint request to treat their settlement
`
`agreement (Case IPR2016-00273, Paper 28; Case CBM2016-00056, Paper
`
`19; Case CBM2016-00088, Paper 12; Case CBM2016-00089, Paper 12) as
`
`business confidential information under 35 U.S.C. § 317(b), 35 U.S.C.
`
`§ 327(b), and 37 C.F.R. § 42.74(c) and to continue its designation as “Parties
`
`and Board Only” in the Patent Trial and Appeal Board End to End (PTAB
`
`E2E) system is granted;
`
`FURTHER ORDERED that the parties’ settlement agreement be kept
`
`separate from the files of U.S. Patent No. 6,317,783 B1, U.S. Patent No.
`
`6,510,451 B2, U.S. Patent No. 7,752,535 B2, U.S. Patent No. 8,266,515 B2,
`
`and made available only to Federal Government agencies on written request,
`
`or to any person on a showing of good cause; and
`
`FURTHER ORDERED that the joint motions to terminate the instant
`
`trials are granted and the trials are hereby terminated.
`
`
`
`3
`
`

`

`IPR2016-00273 (Patent 6,317,783 B1)
`CBM2016-00056 (Patent 6,510,451 B2)
`CBM2016-00088 (Patent 7,752,535 B2)
`CBM2016-00089 (Patent 8,266,515 B2)
`
`
`PETITIONER:
`
`
`Brian Buroker
`bburoker@gibsondunn.com
`
`Omar Amin
`oamin@gibsondunn.com
`
`David Cavanaugh
`David.cavanaugh@wilmerhale.com
`
`Brian Buroker
`bburoker@gibsondunn.com
`
`Yvonne Lee
`Yvonne.lee@wilmerhale.com
`
`
`
`PATENT OWNER:
`
`David Hoffman
`IPR12233-00471IP1@fr.com
`CBM12233-0050CP1@fr.com
`CBM12233-0054CP1@fr.com
`CBM12233-0055CP1@fr.com
`
`
`4
`
`