`571-272-7822
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`Paper No. 10
`Entered: February 13, 2017
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SONY MOBILE COMMUNICATIONS (USA) INC.,
`Petitioner,
`
`v.
`
`
`
`CONTENT AGGREGATION SOLUTIONS, LLC,
`Patent Owner.
`_______________
`
`Case CBM2016-00098
`Patent 8,756,155 B2
`
`_______________
`
`
`Before LORA M. GREEN, WILLIAM V. SAINDON, and
`KEVIN W. CHERRY, Administrative Patent Judges.
`
`GREEN, Administrative Patent Judge.
`
`
`DECISION
`Granting Joint Motion to Terminate Due to Settlement Prior to Institution
`37 C.F.R. § 42.72, 42.74
`
`
`
`On February 9, 2017, the parties filed joint motions to terminate the
`instant proceeding (Paper 7), accompanied by a true copy of a settlement
`agreement (Ex. 1021) and joint requests to treat the settlement agreement as
`business confidential, to be kept separate from the patent file, pursuant to
`35 U.S.C. § 327(b) and 37 C.F.R. § 42.74(c) (Paper 8).
`
`
`
`
`
`
`
`CBM2016-00098
`Patent 8,756,155 B2
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`
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`The parties indicate in their joint motion to terminate that they have
`reached an agreement resolving their dispute involving U.S. Patent No.
`8,756,155 B2 (“the ’155 patent”). Paper 7, 2. Specifically, the parties state
`they “have settled their disputes and executed a settlement agreement to
`terminate this proceeding, as well as the Parties’ related district court
`litigation regarding the ’155 Patent: Content Aggregation Solutions LLC v.
`Sony Mobile Communications Inc. et al., Case No. 3:16-cv-00531 (S.D.
`Cal.).” Id. The parties indicate further that the settlement agreement
`terminated the district court litigation as to all defendants. Id. at 2‒3.
`This proceeding is in a preliminary stage. Although Patent Owner
`filed a Preliminary Response (Paper 6), no decision on whether to institute
`trial has been made. Under the circumstances presented here, we determine
`that it is appropriate to terminate this preliminary proceeding with respect to
`both Petitioner and Patent Owner. Accordingly, we grant the parties’ joint
`motion to terminate. We also grant the parties’ joint request to treat the
`settlement agreement as business confidential information, to be kept
`separate from the patent file.
`
`
`
`2
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`
`
`CBM2016-00098
`Patent 8,756,155 B2
`
`
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`Accordingly, it is
`ORDERED that the joint request to treat the settlement agreement as
`business confidential information, to be kept separate from the patent file, is
`GRANTED;
`
`FURTHER ORDERED that the joint motion to terminate the
`proceedings is GRANTED; and
`
`FURTHER ORDERED that the instant proceeding is TERMINATED.
`
`
`
`PETITIONER:
`
`Naveen Modi
`Daniel Zeilberger
`Arvind Jairam
`PAUL HASTINGS LLP
`naveenmodi@paulhastings.com
`danielzeilberger@paulhastings.com
`arvindjairam@paulhastings.com
`
`PATENT OWNER:
`
`Joseph P. Oldaker
`Matthew C. Juren
`NELSON BUMGARDNER, P.C.
`joseph@nelbum.com
`matthew@nelbum.com
`
`3
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