`Tel: 571-272-7822
`
`
`
`
`Paper 10
`Entered: December 11, 2014
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`SONY ONLINE ENTERTAINMENT LLC,
`BLIZZARD ENTERTAINMENT, INC., AND
`BACKFLIP STUDIOS, LLC,
`Petitioner,
`
`
`
`v.
`
`
`
`AGINCOURT GAMING, LLC,
`Patent Owner.
`_______________
`
`Case IPR2014-01232
`Patent 6,306,035
`_______________
`
`
`
`Before SCOTT E. KAMHOLZ, JAMES B. ARPIN, and
`PHILIP J. HOFFMANN, Administrative Patent Judges.
`
`
`
`KAMHOLZ, Administrative Patent Judge.
`
`JUDGMENT
`Termination of the Proceeding
`37 C.F.R. § 42.72
`
`
`
`
`
`
`
`
`
`IPR2014-01232
`Patent 6,306,035
`
`
`The parties filed a joint motion to terminate this proceeding (Paper 8
`
`(“Mot.”)), along with true copies of the written settlement agreements
`
`entered into by Patent Owner with each Petitioner entity (Exs. 1001, 1002,
`
`1003).* The parties also filed a joint request to have their settlement
`
`agreements treated as confidential business information under 35 U.S.C. §
`
`317(b) and 37 C.F.R. § 42.74(c). Paper 9.
`
`For the reasons provided below, the joint motion to terminate is
`
`granted with respect both to Petitioner and to Patent Owner. The joint
`
`request that the settlement agreements be treated as business confidential
`
`information is also granted.
`
`Patent Owner has not yet filed a Preliminary Response, and we have
`
`not yet made a decision whether to institute inter partes review. Mot. 3.
`
`The parties also have stipulated to dismissal with prejudice of related
`
`litigations Agincourt Gaming, LLC v. Sony Online Entertainment, LLC,
`
`Civil Action No. 1:14-cv-00198 (D.Del.), Agincourt Gaming, LLC v.
`
`Blizzard Entertainment, Inc., Civil Action No. 1:14-cv-00196 (D.Del.), and
`
`Agincourt Gaming, LLC v. Backflip Studios, LLC, Civil Action No. 1:14-cv-
`
`00197 (D.Del.). Id. at 2.
`
`In view of the parties’ settlement agreements, made in connection
`
`with the termination in accordance with 35 U.S.C. § 317(b) and 37 C.F.R.
`
`§ 42.74(b), we determine that it is appropriate to terminate the involvement
`
`of each Petitioner entity. Moreover, in view of the early stage of this
`
`
`* The cited exhibits are those filed Nov. 20, 2014. Petitioner already used
`those exhibit numbers earlier in the proceeding. Each party’s exhibits are to
`be numbered uniquely and consecutively in the course of a proceeding.
`37 C.F.R. § 42.63(c).
`
` 2
`
`
`
`
`
`
`
`IPR2014-01232
`Patent 6,306,035
`
`proceeding, and the concurrent settlement of the district court litigation, we
`
`determine that it also is appropriate to terminate the proceeding with respect
`
`to Patent Owner. As a result, it is appropriate to enter judgment in the form
`
`of termination. See 37 C.F.R. § 42.2.
`
`Accordingly, it is
`
`ORDERED that the joint motion to terminate IPR2014-01232 is
`
`granted, and this proceeding is hereby terminated as to both Petitioner and
`
`Patent Owner, including Petitioner entities Sony Online Entertainment LLC,
`
`Blizzard Entertainment, Inc., and Backflip Studios, LLC, and Patent Owner
`
`Agincourt Gaming, LLC; and
`
`FURTHER ORDERED that the joint request that the settlement
`
`agreement be treated as business confidential information and be kept
`
`separate from the patent files under 35 U.S.C. § 317(b) and 37 C.F.R.
`
`§ 42.74(c) is granted.
`
` 3
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`IPR2014-01232
`Patent 6,306,035
`
`
`
`
`PETITIONER:
`
`Eric Buresh
`Jason Mudd
`ERISE IP, P.A.
`eric.buresh@eriseip.com
`jason.mudd@eriseip.com
`
`
`
`PATENT OWNER:
`
`Vincent Allen
`Ted Baroody
`James Ortega
`CARSTENS & CAHOON, LLP
`allen@cclaw.com
`baroody@cclaw.com
`ortega@cclaw.com
`
`
`
` 4
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`
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