`Trials@uspto.gov
`571-272-7822 Entered: July 28, 2015
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`FORD MOTOR COMPANY,
`Petitioner,
`
`v.
`
`SPEED MONITORING TECHNOLOGIES LLC,
`Patent Owner.
`____________
`
`Case IPR2014-01500
`Patent 7,389,198 B1
`____________
`
`
`Before HOWARD B. BLANKENSHIP, KARL D. EASTHOM, and
`LYNNE E. PETTIGREW, Administrative Patent Judges.
`
`PETTIGREW, Administrative Patent Judge.
`
`
`DECISION
`Termination of the Proceeding
`37 C.F.R. §§ 42.72, 42.73, 42.74
`
`
`
`I. DISCUSSION
`On July 24, 2015, the parties filed a Joint Motion to terminate this
`proceeding (Paper 16), as well as a Joint Request (Paper 17) to have their
`settlement agreement treated as business confidential information under
`
`
`
`IPR2014-01500
`Patent 7,389,198 B1
`
`35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c). The parties also filed a true
`copy of their settlement agreement. Ex. 1009. The parties indicate in their
`Joint Motion that termination of this proceeding is appropriate because they
`have reached an agreement resolving their dispute involving U.S. Patent No.
`7,389,198 (“the ’198 patent”). See Paper 16, 2. The parties indicate they do
`not see any further litigation between them relating to the ’198 patent. Id.
`They further certify that there are no collateral agreements or understandings
`made in connection with the termination of this proceeding. Id.
`Under 35 U.S.C. § 317(a), “[a]n inter partes review instituted under
`this chapter shall be terminated with respect to any petitioner upon the joint
`request of the petitioner and patent owner, unless the Office has decided the
`merits of the proceeding before the request for termination is filed.” As
`indicated in the Motion, the parties are requesting termination prior to oral
`hearing and prior to the Board’s final written decision. Paper 16, 2. We also
`note that briefing has not been completed, as Petitioner has not filed a Reply
`to Patent Owner’s Response.
`Further, under 37 C.F.R. § 42.74(b), “[a]ny agreement or
`understanding between the parties made in connection with, or in
`contemplation of, the termination of a proceeding shall be in writing and a
`true copy shall be filed with the Board before termination of the trial.” As
`the parties have filed their written settlement agreement, we determine it is
`appropriate to terminate this proceeding without rendering a Final Written
`Decision as to the patentability of claims 1–5 and 8–13 of the ’198 patent.
`See 37 C.F.R. §§ 42.72, 42.73, 42.74.
`
`2
`
`
`
`IPR2014-01500
`Patent 7,389,198 B1
`
`II. ORDER
`
`
`
`Accordingly, it is:
`ORDERED that the parties’ Joint Motion to terminate this proceeding
`is granted;
`FURTHER ORDERED that the parties’ Joint Request that the
`settlement agreement (Ex. 1009) be treated as business confidential
`information, to be kept separate from the patent file, is granted; and
`FURTHER ORDERED that this proceeding is terminated.
`
`3
`
`
`
`FOR PETITIONER:
`Eric A. Buresh
`Jason R. Mudd
`ERISE IP, P.A.
`eric.buresh@eriseip.com
`jason.mudd@eriseip.com
`
`FOR PATENT OWNER:
`John R. Kasha
`Kelly L. Kasha
`Kasha Law LLC
`john.kasha@kashalaw.com
`kelly.kasha@kashalaw.com
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