`Tel: 571-272-7822
`
`
`Paper 7
`Entered: January 23, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GOOGLE INC.,
`Petitioner,
`
`v.
`
`ALFONSO CIOFFI, MEGAN ELIZABETH ROZMAN,
`MELANIE ANN ROZMAN, and MORGAN LEE ROZMAN,
`Patent Owner.
`____________
`
`Case CBM2017-00012
`Patent RE43,103
`____________
`
`
`
`Before JAMESON LEE, JENNIFER S. BISK, and KERRY BEGLEY,
`Administrative Patent Judges.
`
`LEE, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`
`
`
`CBM2017-00012
`Patent RE43,103
`
`
`On January 3, 2017, the Board authorized the parties to file a Joint
`Motion to Dismiss Petition, and reminded the parties that 37 C.F.R.
`§ 42.74(b) applies to termination of proceedings including a preliminary
`proceeding. Ex. 3002. The Board stated that “[a]ny agreement or
`understanding between the parties made in connection with, or in
`contemplation of, the termination of proceeding shall be in writing and a true
`copy shall be filed together with the Joint Motion to Dismiss.” Id.
`On January 20, 2017, the parties filed a paper titled “Joint Motion to
`Dismiss Petition Pursuant to 35 U.S.C. § 317.” Paper 6. No agreement of
`any kind was filed together with the Joint Motion to Dismiss. It appears that
`the parties may not be in compliance with 37 C.F.R. § 42.74(b), if this
`proceeding is terminated without the parties having filed a true copy of their
`agreement or understanding in contemplation of termination of this
`proceeding. The existence of a mutual agreement or understanding in that
`regard appears evident in light of the filing of the Joint Motion to Dismiss.
`Accordingly, to give the parties a further opportunity to file any true
`copy of their agreement or understanding in contemplation of termination of
`this proceeding, which should have been filed with the Joint Motion to
`Dismiss, we will delay action on the motion until after January 30, 2017.
`ORDER
`
`It is
`
`ORDERED that no decision on the Joint Motion to Dismiss will be
`
`rendered until after January 30, 2017, and
`
`FURTHER ORDERED that the parties have until January 30, 2017, to
`file a true copy of their agreement or understanding in connection with, or in
`
`2
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`CBM2017-00012
`Patent RE43,103
`
`contemplation of, the termination of this proceeding or, alternatively, to file
`a joint notice certifying that no such agreement or understanding exists.
`
`
`
`
`
`Counsel for Petitioner:
`
`James Day
`Daniel Callaway
`FARELLA BRAUN + MARTEL LLP
`jday@fbm.com
`dcallaway@fbm.com
`
`Patent Owner:
`
`Glenn Boisbrun
`David Hofman
`Adam C. Davenport
`BOISBRUN HOFMAN, PLLC
`ghoisbrun@bh-ip.com
`dhofman@bh-ip.com
`adavenport@bh-ip.com
`
`
`3