`571-272-7822
`
`Paper 22
`Entered: January 27, 2016
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`FORTINET, INC.,
`Petitioner,
`
`v.
`
`SOPHOS INC.,
`Patent Owner.
`____________
`
`Case IPR2015-00619
`Patent 8,607,347 B2
`____________
`
`
`
`Before BRYAN F. MOORE, PETER P. CHEN, and
`MICHELLE N. WORMMEESTER, Administrative Patent Judges.
`
`WORMMEESTER, Administrative Patent Judge.
`
`
`
`
`DECISION
`Joint Motion to Terminate
`37 C.F.R. § 42.74
`
`
`
`
`
`
`IPR2015-00619
`Patent 8,607,347 B2
`
`
`On December 14, 2015, the parties filed a Joint Motion to Terminate
`
`this proceeding. Paper 20. The parties represent that “the grant of this
`
`motion will result in the termination of this inter partes review.” Id.
`
`With their Motion to Terminate, the parties filed as Exhibit 2018 what
`
`they represent is “a true copy” of their written agreement. Id. Although the
`
`Motion to Terminate refers to a “Settlement and License Agreement,” the
`
`parties clarified in an e-mail to the Board on January 26, 2016, that no
`
`license agreement or license terms between the parties exist. In a
`
`concurrently filed Joint Request to Maintain Confidentiality, the parties
`
`request that the agreement be treated as business confidential information
`
`and be kept separate from the file of the involved patent. Paper 21.
`
`This proceeding is in an appropriate stage for termination. The Board
`
`instituted trial on August 13, 2015, the oral hearing has not occurred, and no
`
`motions are pending. Under these circumstances, we determine that it is
`
`appropriate to terminate this proceeding. The Joint Request to Maintain
`
`Confidentiality is also granted.
`
`
`
`Accordingly, it is
`
`ORDERED that the Joint Motion to Terminate is granted; and
`
`FURTHER ORDERED that the agreement (Ex. 2018) be treated as
`
`business confidential information and be kept separate from the file of the
`
`involved patent, under 37 C.F.R. § 42.74(c), and made available only under
`
`the provisions of 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c).
`
`
`
`
`
`
`
`IPR2015-00619
`Patent 8,607,347 B2
`
`FOR PETITIONER:
`
`Jason Liu
`jasonliu@quinnemanuel.com
`
`Jared Newton
`jarednewton@quinnemanuel.com
`
`
`
`FOR PATENT OWNER:
`
`Gianni Minutolli
`gianni.minutoli@dlapiper.com
`
`James Heintz
`SophosFortinetIPR@dlapiper.com
`
`Nicholas Panno
`nicholas.panno@dlapiper.com