`Tel: 571-272-7822
`
`
`Paper 9
`Entered: February 1, 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 CBM2017-00013
`Patent RE43,103
`____________
`
`
`
`Before JAMESON LEE, JENNIFER S. BISK, and KERRY BEGLEY,
`Administrative Patent Judges.
`
`LEE, Administrative Patent Judge.
`
`JUDGMENT
`Termination of Proceeding
`37 C.F.R. §§ 42.71, 42.72
`
`
`
`
`
`
`
`
`
`
`
`
`CBM2017-00013
`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. On January
`30, 2017, the parties filed a paper notifying the Board that “there is no
`settlement agreement or understanding between the parties with regard to the
`termination of this proceeding.” Paper 8, 2.
`This proceeding is in its preliminary stage. The Petition was filed on
`November 4, 2016. Patent Owner has not yet filed a Preliminary Response,
`the due date of which has not passed. The Board has not yet instituted trial
`on any challenged claim. The parties indicate that they have “dismissed all
`claims and counterclaims based on the ’103 Reissue [patent in this
`proceeding] in the related litigation, though the related litigation has not
`settled and remains pending.” Paper 6, 2. The parties jointly request
`termination of the proceeding and dismissal of the Petition. Id.
`
`We determine that, on these circumstances, it is appropriate to
`terminate the proceeding both as to Petitioner and Patent Owner, and to
`dismiss the Petition. See 37 C.F.R. §§ 42.71, 42.72.
`
`
`
`2
`
`
`
`CBM2017-00013
`Patent RE43,103
`
`It is
`
`ORDERED that the Joint Motion to Dismiss Petition is granted, and
`
`the Petition is dismissed; and
`
`FURTHER ORDERED that this proceeding is hereby terminated as to
`both Petitioner and Patent Owner.
`
`
`
`
`
`
`
`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
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`