`571-272-7822
`
`Paper 37
`Entered: September14, 2018
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`FORD MOTOR COMPANY,
`Petitioner,
`
`v.
`
`PAICE LLC & THE ABELL FOUNDATION, INC.,
`Patent Owner.
`____________
`
`Case IPR2015-00606
`Patent 7,237,634 B2
`____________
`
`
`Before SALLY C. MEDLEY, KALYAN K. DESHPANDE, and
`CARL M. DEFRANCO, Administrative Patent Judges.
`
`DEFRANCO, Administrative Patent Judge.
`
`
`ORDER
` Termination of Proceeding
`35 U.S.C. § 317 and 37 C.F.R. § 42.72, 42.74
`
`On August 28, 2018, the parties filed a joint motion to terminate this
`
`proceeding. Paper 35. Along with the motion, the parties filed copies of
`written settlement agreements (Exs. 2111, 2112) and a request to treat the
`settlement agreements as business confidential information (Paper 36).
`We entered a Final Written Decision in this proceeding on November
`8, 2016, in which we determined that claims 56–65, 68–77, 242–251, 268–
`
`
`
`IPR2015-00606
`Patent 7,237,634 B2
`
`277, 292, 293, and 298 of U.S. Patent No. 7,237,634 are unpatentable.
`Paper 33. Patent Owner appealed our determination to the U.S. Court of
`Appeals for the Federal Circuit. Paper 34. On February 1, 2018, the Federal
`Circuit vacated our determination as to the above-identified claims, and
`remanded the proceeding to us for further consideration.1 Paice LLC v.
`Ford Motor Co., 881 F.3d 894, 911 (Fed. Cir. 2018).
`At this time, we have not finally decided the merits of this proceeding,
`and, thus, have yet to issue a decision on remand. The parties represent that
`they have resolved all disputes between them relating to the challenged
`patent, including the infringement action in the U.S. District Court for the
`District of Maryland, Paice LLC v. Ford Motor Co., No. 1:14-cv-00492 (D.
`Md.), and the investigation at the U.S. International Trade Commission,
`Certain Hybrid Electric Vehicles and Components Thereof, Inv. No. 337-
`TA-1042, both of which have been dismissed as a result of the parties’
`settlement agreement. Paper 35. Under these circumstances, we determine
`that termination of this proceeding is appropriate without rendering any
`further decisions. See 37 C.F.R. § 42.72.
`Accordingly, it is:
`ORDERED that the parties’ request to treat the settlement documents
`(Exhibits 2111, 2112) as business confidential information and to keep them
`separate from the patent files is granted; and
`
`
`1 At the same time, the Federal Circuit affirmed our determinations of
`unpatentability as to claims remaining in dispute in IPRs2015-00792, 00785,
`and 00801.
`
`2
`
`
`
`IPR2015-00606
`Patent 7,237,634 B2
`
`
`FURTHER ORDERED that the joint motion to terminate this
`proceeding is granted, and this proceeding is hereby terminated.
`
`
`FOR PETITIONER:
`
`Frank A. Angileri
`Sangeeta G. Shah
`Michael D. Cushion
`Michael N. MacCallum
`John P. Rondini
`Andrew B. Turner
`BROOKS KUSHMAN P.C.
`FPGP0104IPR2@brookskushman.com
`
`
`FOR PATENT OWNER:
`
`Linda L. Kordziel
`Timothy W. Riffe
`Ruffin B. Cordell
`Brian J. Livedalen
`Daniel Tishman
`John S. Goetz
`FISH & RICHARDSON P.C.
`llk@fr.com
`riffe@fr.com
`IPR36351-0015IPA@fr.com
`
`
`3
`
`
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