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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________
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`SONY ONLINE ENTERTAINMENT LLC,
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`BLIZZARD ENTERTAINMENT, INC., AND BACKFLIP STUDIOS, LLC
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`Petitioners
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`v.
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`AGINCOURT GAMING, LLC
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`Patent Owner
`
`____________
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`Case No. IPR2014-01261
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`U.S. Patent No. 6,758,755
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`____________
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`
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`JOINT MOTION TO TERMINATE Inter Partes REVIEW and JOINT
`MOTION TO EXTEND THE DUE DATE OF PATENT OWNER’S
`PRELIMINARY RESPONSE PENDING DECISION OF THE JOINT
`MOTION TO TERMINATE
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`Case IPR2014-01261
`Patent 6,758,755
`Pursuant to the Patent Trial and Appeal Board’s e-mail on November 18,
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`2014 authorizing filing of the present joint motion, Petitioners Sony Online
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`Entertainment, LLC, Blizzard Entertainment, Inc., Backflip Studios, LLC
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`(collectively “Petitioners”) and Patent Owner (“Parties”) jointly request
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`termination of the present inter partes review proceeding, pursuant to 35 U.S.C. §
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`317(a) and 37 C.F.R. §§ 42.72 and 42.74 (b), on the basis that the Parties have
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`settled. No other Petitioners remain in the proceedings.
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`
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`The Parties have reached an agreement resolving the dispute in the above-
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`captioned inter partes review. Attached to this motion is a true copy of the written
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`Settlement Agreements as to all Petitioners resolving the disputes in the above-
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`captioned petition for inter partes review. See Exs. 1001-1003. Also attached are
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`copies of each order from the United States District Court for the District of
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`Delaware dismissing with prejudice Patent Owner’s claims against Petitioners
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`involving the patent at issue in this proceeding between the Parties. See Exs. 1004-
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`1006. The Parties are aware of no other litigation involving the patent at issue. The
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`Parties hereby request that that the Settlement Agreements be treated as business
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`confidential information and kept separate from the underlying patent file, as
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`provided in 37 C.F.R. § 42.74(c) and U.S.C. § 317(b).
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`
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`Termination, here, is appropriate as to Petitioners because there has been no
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`decision on the merits. See 35 U.S.C. § 317(a). Because the parties are jointly
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`requesting termination and the Board has not yet decided the merits of this
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`
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`Case IPR2014-01261
`Patent 6,758,755
`proceeding, the Office is required to terminate the inter partes review with respect
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`to Petitioners.
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`
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`Termination is also appropriate with respect to Patent Owner. The parties
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`are moving jointly that this inter partes review proceeding be terminated with
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`respect to Patent Owner. In addition, the parties have settled all disputes between
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`them as to the patent at issue in this proceeding, (2) this proceeding is in its earliest
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`stages as a preliminary response has not been filed, and (3) the merits of the
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`petition have not been considered.
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`For at least the above reasons, this proceeding should be terminated with
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`respect to Patent Owner and Petitioner. The parties, therefore, jointly request that
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`the above-captioned inter partes review be terminated.
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`In addition, the parties request that the Board extend the due date for Patent
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`Owner’s preliminary response pending the Board’s determination on the Joint
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`Motion to Terminate. In the event that the Board denies the Joint Motion, the
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`parties have agreed, and hereby request, that Patent Owner should be permitted 30
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`days from any decision denying the Joint Motion to Terminate in which to file its
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`preliminary response.
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`Date: November 20, 2014
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`Case IPR2014-01261
`Patent 6,758,755
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`/Eric A. Buresh/
`By:
`Eric A. Buresh
`Registration No. 50,394
`Jason R. Mudd
`Registration No. 57,700
`6201 College Blvd., Suite 300
`Overland Park, KS 66211
`(913) 777-5600
`(913) 777-5601 (Fax)
`Attorneys for Petitioners
`
`
`
`
`/Vincent J. Allen/
`By:
`Vincent J. Allen
`
`
`Registration No. 45,514
`Carstens & Cahoon, LLP
`13760 Noel Road, Suite 900
`Dallas, Texas 75240
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`(972) 367-2001
`
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`(972) 367-2002 (Fax)
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`Attorney for Patent Owner
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`CERTIFICATE OF SERVICE
`
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`The undersigned hereby certifies that the foregoing Joint Motion to
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`Terminate Inter Partes Review per 37 C.F.R. § 42.8 was served on November 20,
`2014, to Lead and Back-up Counsel for Sony Online Entertainment LLC, Blizzard
`Entertainment, Inc. and Backflip Studios, LLC via email and first class mail:
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`Eric A. Buresh, Reg. No. 50,394
`Jason R. Mudd, Reg. No. 57,700
`6201 College Blvd., Suite 300
`Overland Park, KS 66211
`P: (913) 777-5600
`F: (913) 777-5601
`eric.buresh@eriseip.com
`jason.mudd@eriseip.com
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`By:
`
`
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`/Vincent J. Allen/
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`Vincent J. Allen
`Registration No. 45,514
`Attorney for Patent Owner
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