`Tel: 571-272-7822
`
`Paper 8
`Entered: October 27, 2014
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`FUJITSU NETWORK COMMUNICATIONS, INC.
`Petitioner
`
`v.
`
`THOMAS SWAN & CO., LTD.
`Patent Owner
`____________
`
`Case IPR2014-01381 (Patent 8,335,033)
`Case IPR2014-01382 (Patent 8,089,683)
`Case IPR2014-01383 (Patent 7,145,710)
`Case IPR2014-01384 (Patent 7,664,395)1
`____________
`
`Before GLENN J. PERRY, MICHELLE R. OSINSKI, SCOTT A.
`DANIELS, and BARBARA A. PARVIS, Administrative Patent Judges.
`
`PERRY, Administrative Patent Judge.
`
`
`ORDER AUTHORIZING JOINT MOTIONS TO TERMINATE
`
`An email from Patent Owner’s Counsel, dated October 23, 2014 and
`copied to Counsel for Petitioner, indicates that the parties wish to file joint
`
`
`1 This order deals with issues common to four cases. The parties are not
`authorized to use a joint caption and must file documents separately in each
`case.
`
`
`
`Cases IPR2014-01381, -01382, -01383, and -01384
`Patents 8,335,033, 8,089,683, 7,145,710, and 7,664,395
`
`motions to terminate each of the above-captioned proceedings because they
`have settled matters between them related to each of the involved patents.
`Authorization to file similar motions has been requested in cases2 relating to
`the same patents brought by a different petitioner.
`The below ORDER authorizes the filing of a joint motion in each of
`the following four cases: IPR2014-01381, IPR2014-01382, IPR2014-01383,
`and IPR2014-01384. Even though this ORDER pertains to four cases, the
`parties must file a separate motion for each case. With each joint motion,
`the parties are required to file with the Board a true and complete copy of all
`settlement agreements between them related to the patent at issue, as well as
`any collateral agreements referenced in the settlement agreements. See 35
`U.S.C. § 317(b); 37 C.F.R. § 42.74(b). Redacted copies are insufficient.
`These can be filed as exhibits uploaded to the PRPS system. Each joint
`motion should update the Board as to the status of any other matters
`involving the patents at issue.
`The parties may request that the settlement agreements be treated as
`confidential business information and kept separate from the underlying
`patent file. See 37 C.F.R. § 42.74(c). In that event, the confidential
`agreements should be uploaded to the PRPS system as “Parties and Board
`Only” material. Attention of the parties is directed to FAQ G2 on the
`Board’s website page at http://www.uspto.gov/ip/boards/bpai/prps.jsp for
`instructions on how to file a settlement agreement as confidential.
`
`
`2 IPR2014-00460, IPR2014-00461, IPR2014-00462, and IPR2014-00465.
`
`
`
`Cases IPR2014-01381, -01382, -01383, and -01384
`Patents 8,335,033, 8,089,683, 7,145,710, and 7,664,395
`
`
`ORDER
`
`It is hereby
`ORDERED that the parties are authorized to file, within 10 business
`days from the date of this ORDER, a joint motion to terminate each of the
`following four cases: IPR2014-01381, IPR2014-01382, IPR2014-01383,
`and IPR2014-01384 with respect to both Petitioner and Patent Owner;
`FURTHER ORDERED that no further motions are authorized at this
`
`time.
`
`For PETITIONER:
`Christopher E. Chalsen
`cchalsen@milbank.com
`
`Nathaniel T. Browand
`nbrowand@milbank.com
`
`Suraj Balusu
`sbalusu@milbank.com
`
`Milbank, Tweed, Hadley & McCloy LLP
`
`
`
`For PATENT OWNER:
`
`Marc M. Wefers
`wefers@fr.com
`
`W. Karl Renner
`axf@fr.com
`
`Fish & Richardson P.C.
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