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`Entered: August 24, 2015
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`Trials@uspto.gov
`571-272-7822
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`FORD MOTOR COMPANY,
`Petitioner,
`
`v.
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`CUOZZO SPEED TECHNOLOGIES LLC,
`Patent Owner.
`
`____________
`
`Case IPR2014-01393
`Patent 6,778,074 B1
`____________
`
`
`
`Before JAMESON LEE, MICHAEL P. TIERNEY, and
`JOSIAH C. COCKS, Administrative Patent Judges.
`
`
`LEE, Administrative Patent Judge.
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`
`
`
`
`JUDGMENT
`Temination of Proceeding
`37 C.F.R. 42.72
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`
`
`IPR2014-01393
`Patent 6,778,074 B1
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`
`
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`On July 29, 2015, Petitioner and Patent Owner filed a joint motion
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`(Paper 15, “Joint Motion to Terminate”) to terminate proceeding under
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`35 U.S.C. § 317(a), and a joint request (Paper 16, “Joint Request to Keep as
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`Confidential”) to treat settlement agreement as business confidential
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`information and to have the agreement kept separate from the files of the
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`involved patent under 37 C.F.R. § 317(b) and 37 C.F.R. § 42.74(c). The
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`settlement agreement was filed as confidential Exhibit 1014.
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`
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`Under 35 U.S.C. § 317(a), “[a]n inter partes review instituted under
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`this chapter shall be terminated with respect to any petitioner upon the joint
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`request of the petitioner and patent owner, unless the Office has decided the
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`merits of the proceeding before the request for termination is filed.”
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`Generally, the Board expects that a proceeding will terminate after the filing
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`of a settlement agreement, if the settlement agreement includes all parties.
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`See, e.g., Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,768
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`(Aug. 14, 2012). The parties have filed such an agreement. Ex. 1014.
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`
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`In their motion, the parties indicate that they have settled their dispute
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`with regard to U.S. Patent No. 6,778,074 B1, and Patent Owner represents
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`that no district court litigation involving U.S. Patent No. 6,778,074 B1
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`remains pending. Mot. 2. Petitioner represents that it will not participate
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`further, even if the Board does not terminate this proceeding. Id.
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`
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`Oral argument has not yet been held. Under these circumstances, we
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`are persuaded that it is appropriate to terminate this proceeding with respect
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`to both Petitioner and Patent Owner.
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`
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`
`
`2
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`
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`IPR2014-01393
`Patent 6,778,074 B1
`
`
`
`
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`
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`Accordingly, it is
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`ORDERED that the Joint Motion to Terminate is granted;
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`FURTHER ORDERED that this proceeding is terminated with respect
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`to both Petitioner and Patent Owner; and
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`
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`FURTHER ORDERED that the Joint Request to Keep as Confidential
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`is granted, and Exhibit 1014 will be kept as confidential business
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`information under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c).
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`3
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`4
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`IPR2014-01393
`Patent 6,778,074 B1
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`
`
`For PETITIONERS:
`
`Eric A. Buresh
`Jason Mudd
`ERISE IP, P.A.
`eric.buresh@eriseip.com
`jason.mudd@eriseip.com
`
`
`
`For PATENT OWNER:
`
`John Kasha
`Kelly Kasha
`KASHA LAW LLC
`john.kasha@kashalaw.com
`kelly.kasha@kashalaw.com
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