` Tel: 571-272-7822
`
`
`
`
`
`Paper 12
`Entered: May 8, 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_______________
`
`AT&T MOBILITY LLC and
`CELLCO PARTNERSHIP D/B/A VERIZON WIRELESS,
`Petitioner,
`
`v.
`
`SOLOCRON MEDIA, LLC,
`Patent Owner.
`____________
`
`Case IPR2015-003421
`Patent 6,496,692 B1
`____________
`
`
`
`
`
`Before SALLY C. MEDLEY, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`Petitioner, AT&T Mobility LLC and Cellco Partnership D/B/A Verizon
`
`Wireless (“Cellco”), filed a petition for inter partes review of the involved patents
`
`1 This Order addresses the same issue in the inter partes reviews listed in the
`Appendix. Therefore, we issue one Order to be filed in all of the cases. The
`parties, however, are not authorized to use this style of filing in subsequent papers,
`without prior authorization.
`
`
`
`IPR2015-00342
`Patent 6,496,692 B1
`
`and Patent Owner, Solocron Media, LLC, filed a preliminary response in each
`
`proceeding. We have not yet determined whether to institute trial in any of the
`
`proceedings. On May 8, 2015, the parties informed the Board that Cellco and
`
`Patent Owner have reached a settlement agreement. Cellco and Patent Owner seek
`
`authorization from the Board to file a joint motion to terminate the proceeding
`
`pursuant to 35 U.S.C. § 317, only with respect to Cellco.
`
`Generally, the Board expects that a proceeding will terminate after the filing
`
`of a settlement agreement. See, e.g., Office Patent Trial Practice Guide, 77 Fed.
`
`Reg. 48,756, 48,768 (Aug. 14, 2012). The rule governing settlement indicates that
`
`any agreement between the parties made in connection with, or in contemplation
`
`of, the termination of a proceeding shall be in writing and filed with the Board. 37
`
`C.F.R. § 42.74. Based on the facts of the proceedings, Cellco and Patent Owner
`
`are authorized to file a joint motion to terminate these proceedings with respect to
`
`Cellco.
`
`Each joint motion to terminate must include a brief explanation as to why
`
`termination of these proceedings with respect to Cellco is appropriate, and also
`
`should update the Board as to the status of any other matters involving the patents
`
`at issue. The parties also must file, as an exhibit, a true copy of their settlement
`
`agreement to terminate the proceeding. A redacted version of the settlement
`
`agreement will not be accepted as a true copy of the settlement agreement. Any
`
`request that the agreement be treated as business confidential information and be
`
`kept separate from the file of the involved patent must be filed with the settlement
`
`agreement. 37 C.F.R. § 42.74(c). The parties are 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 their settlement agreement as confidential (e.g.,
`
`uploading as “Parties and Board Only”).
`
`
`
`IPR2015-00342
`Patent 6,496,692 B1
`
`
`The joint motion to terminate and the settlement agreement shall be filed no
`
`later than May 12, 2015.
`
`Accordingly, it is
`
`ORDERED that Cellco and Patent Owner are authorized to file a joint
`
`motion to terminate the proceeding;
`
`FURTHER ORDERED that the joint motion is due no later than May 12
`
`2015;
`
`FURTHER ORDERED that the joint motion shall be accompanied by a true
`
`copy of the settlement agreement as required by 37 C.F.R. § 42.74(b);
`
`FURTHER ORDERED that the parties may request that the settlement
`
`agreement be treated as business confidential information as specified by 37 C.F.R.
`
`§ 42.74(c); and
`
`FURTHER ORDERED that any confidential settlement agreement must be
`
`filed electronically via the Patent Review Processing System (PRPS) in accordance
`
`with the instructions provided on the Board’s website (e.g., uploading as “Parties
`
`and Board Only”).
`
`
`
`
`
`FOR PETITIONER:
`
`Kevin Anderson
`
`
`
`IPR2015-00342
`Patent 6,496,692 B1
`
`kanderso@wileyrein.com
`
`Floyd Chapman
`fchapman@wileyrein.com
`
`Scott Felder
`sfelder@wileyrein.com
`
`Theodore Stevenson, III
`tstevenson@mckoolsmith.com
`
`Scott Hejny
`shejny@mckoolsmith.com
`
`Nicholas Matthews
`nmathews@mckoolsmith.com
`
`
`
`FOR PATENT OWNER:
`
`Kenneth Weatherwax
`weatherwax@lowensteinweatherwax.com
`
`Patrick Maloney
`maloney@lowensteinweatherwax.com
`
`
`
`
`
`
`IPR2015-00342
`Patent 6,496,692 B1
`
`
`APPENDIX
`
`U.S. Patent No.
`
`Inter Partes Review
`
`6,496,692 B1
`
`IPR2015-00342
`
`7,319,866 B2
`
`7,257,395 B2
`
`7,295,864 B2
`
`8,594,651 B2
`
`7,742,759 B2
`
`IPR2015-00349
`IPR2015-00376
`IPR2015-00350
`IPR2015-00391
`IPR2015-00392
`IPR2015-00364
`IPR2015-00380
`IPR2015-00383
`IPR2015-00387
`IPR2015-00388
`IPR2015-00389
`IPR2015-00390
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