`Date: January 29, 2014
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`UNIFIED PATENTS, INC.
`Petitioner
`
`v.
`
`PARALLEL IRON, LLC
`Patent Owner
`____________
`
`Case IPR2013-00639
`Patent 7,197,662 B2
`____________
`
`Before MEREDITH C. PETRAVICK, BRYAN F. MOORE, and
`JENNIFER S. BISK, Administrative Patent Judges.
`
`PETRAVICK, Administrative Patent Judge.
`
`
`
`
`ORDER
`Conduct of Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`IPR 2013-00639
`Patent 7,197,662 B2
`
`
`
`INTRODUCTION
`A conference call was held on January 28, 2014, between counsel for
`
`Petitioner Michael Kiklis, counsel for Patent Owner Tarek Fahmi, and Judges
`Bisk, Moore, and Petravick. The parties initiated the conference call to request
`authorization to file a joint motion to terminate the proceedings because the parties
`have reached a settlement.
`
`
`
`
`DISSCUSION
`Generally, the Board expects that a proceeding will terminate after the filing
`of a settlement agreement. See, e.g., Office Patent Trial Practice Guide, 77 Fed.
`Reg. 48756, 48768 (Aug. 14, 2012). The rule governing settlement indicates that
`any agreement between the parties made in connection with, or in contemplation
`of, the termination of a proceeding shall be in writing and filed with the Board.
`37 C.F.R. § 42.74(b).
`
`During the call, the Board authorized the parties to file a joint motion to
`terminate the instant proceeding. The joint motion must (1) include a brief
`explanation as to why termination is appropriate; (2) identify all defendants in any
`related district court litigation involving Patent 7,197,662 B2; and (3) discuss
`specifically the current status of each such related litigation with respect to each
`party to the litigation. The joint motion must be accompanied by a true copy of the
`parties’ settlement agreement in connection with the termination of this
`proceeding, as required by 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(b). A
`redacted version of the settlement agreement will not be accepted as a true copy of
`the settlement agreement. The joint motion to terminate should be filed before
`February 11, 2014.
`
`2
`
`
`
`
`
`
`IPR 2013-00639
`Patent 7,197,662 B2
`
`
`The settlement agreement may be treated as business confidential
`
`information under 37 C.F.R. § 42.74(c). For the settlement agreement to be treated
`as business confidential information, the parties must file the confidential
`settlement agreement electronically in the Patent Review Processing System
`(“PRPS”) as an exhibit in accordance with the instructions provided on the Board’s
`website (uploading as “Parties and Board Only”). The parties are directed to FAQ
`G2 on the Board’s website at http://www.uspto.gov/ip/boards/bpai/prps.jsp for
`instructions on how to file their settlement agreement as confidential.
`
`
`
`CONCLUSION
`
`It is:
`
`ORDERED that the parties are authorized to file a joint motion to terminate
`
`this proceeding no later than February 11, 2014;
`
`FURTHER ORDERED that the joint motion must be accompanied by a true
`copy, labeled as an exhibit, of the parties’ settlement agreement in connection with
`the termination of this proceeding, as required by 35 U.S.C. § 317(b) and 37 C.F.R.
`§ 42.74(b);
`
`FURTHER ORDERED that, for the exhibit that is the settlement agreement
`filed in this proceeding, the parties may file a separate paper requesting that the
`settlement agreement be treated as a business confidential information as specified
`in 37 C.F.R. § 42.74(c); and
`FURTHER ORDERED that any confidential settlement agreement must be
`
`filed electronically in PRPS in accordance with the instruction provided on the
`Board’s website (upload as “Parties and Board Only”).
`
`
`
`3
`
`
`
`
`
`
`
`
`IPR 2013-00639
`Patent 7,197,662 B2
`
`
`
`For Petitioner:
`Michael Kiklis
`Scott McKeown
`CPdocketkiklis@oblon.com
`codocketmckeown@oblon.com
`
`For Patent Owner:
`Tarek Fahmi
`Amy Embert
`tarek.fahmi@fseip.com
`amy.embert@fseip.com
`
`
`4
`
`
`
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