`Tel: 571-272-7822
`
`
`
`Paper 32
`Entered: February 22, 2016
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`TRW AUTOMOTIVE U.S. LLC,
`Petitioner,
`
`v.
`
`MAGNA ELECTRONICS INC.,
`Patent Owner.
`____________
`
`Case IPR2015-004361
`Patent 8,599,001 B2
`____________
`
`
`
`Before JUSTIN T. ARBES, BART A. GERSTENBLITH, and
`FRANCES L. IPPOLITO, Administrative Patent Judges.
`
`ARBES, Administrative Patent Judge.
`
`JUDGMENT
`Termination of the Proceeding
`37 C.F.R. § 42.72
`
`
`
`1 Cases IPR2015-00437, IPR2015-00438, and IPR2015-00439 have been
`consolidated with this proceeding.
`
`
`
`IPR2015-00436
`Patent 8,599,001 B2
`
`
`On February 15, 2016, the parties filed a joint motion to terminate the
`instant proceeding on the basis of a settlement reached by the parties. See
`Paper 31 (“Mot.”); 35 U.S.C. § 317(a); 37 C.F.R. § 42.72. The parties also
`filed a copy of their written settlement agreement (Ex. 1072) and included in
`their motion a request that the settlement agreement be treated as business
`confidential information under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c).
`The parties’ joint motion to terminate was filed prior to DUE DATES
`5–7 in the proceeding, and the Board has not made a final decision on the
`merits. See 35 U.S.C. § 317(a). The parties represent that they have “settled
`all of their disputes involving the [challenged patent], as well as other
`patents owned by [Patent Owner] which cover or relate to forward facing
`camera systems,” and agreed to dismissal of the pending district court cases
`involving the challenged patent. Mot. 2–3. The parties further represent that
`Exhibit 1072 is a “true and correct copy” of the settlement agreement. Id.
`Given these facts, we determine that it is appropriate to terminate the
`proceeding without rendering a final written decision under 37 C.F.R.
`§ 42.72.
`In consideration of the foregoing, it is hereby:
`ORDERED that the parties’ joint request that the settlement
`agreement be treated as business confidential information, kept separate
`from the file of U.S. Patent No. 8,599,001 B2, and made available only to
`Federal Government agencies on written request, or to any person on a
`showing of good cause, under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c),
`is granted; and
`FURTHER ORDERED that the joint motion to terminate the instant
`proceeding (Paper 31) is granted and the proceeding is hereby terminated.
`
`
`
`2
`
`
`
`IPR2015-00436
`Patent 8,599,001 B2
`
`PETITIONER:
`
`Jon Trembath
`Timothy K. Sendek
`A. Justin Poplin
`Allan Sternstein
`Douglas W. Link
`Dan Cleveland Jr.
`Hissan Anis
`LATHROP & GAGE LLP
`JTrembath@lathropgage.com
`TSendek@lathropgage.com
`jpoplin@lathropgage.com
`patent@lathropgage.com
`dlink@lathropgage.com
`DCleveland@lathropgage.com
`HAnis@lathropgage.com
`
`
`
`PATENT OWNER:
`
`David K.S. Cornwell
`Jason D. Eisenberg
`Daniel Yonan
`STERNE, KESSLER, GOLDSTEIN & FOX PLLC
`davidc-PTAB@skgf.com
`jasone-PTAB@skgf.com
`
`Timothy A. Flory
`Terence J. Linn
`GARDNER, LINN, BURKHART & FLORY, LLP
`Flory@glbf.com
`linn@glbf.com
`
`
`
`
`
`3
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