Trials@uspto.gov
`Tel: 571-272-7822
`
`Paper 34
`Entered: June 21, 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`SAMSUNG ELECTRONICS CO., LTD, SAMSUNG ELECTRONICS
`AMERICA, INC., and SAMSUNG SEMICONDUCTOR, INC,
`Petitioner,
`
`v.
`
`NVIDIA CORPORATION,
`Patent Owner.
`
`Cases1
`
`IPR2015-01028 (Patent 6,198,488 B1)
`IPR2015-01029 (Patent 6,992,667 B2)
`IPR2015-01070 (Patent 6,690,372 B2)
`IPR2015-01198 (Patent 7,015,913 B1)
`
`
`Before KEVIN F. TURNER, BEVERLY M. BUNTING, AND
`JON B. TORNQUIST, Administrative Patent Judges.
`
`BUNTING, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceedings
`37 C.F.R. § 42.5
`
`
`1 This Order addresses issues that are identical in each case. We exercise
`our discretion to issue one Order to be filed in each case. The parties are not
`authorized to use this style heading for any subsequent papers.
`
`
`
`
`
`
`
`
`
`

`
`IPR2015-01028 (Patent 6,198,488 B1)
`IPR2015-01029 (Patent 6,992,667 B2)
`IPR2015-01070 (Patent 6,690,372 B2)
`IPR2015-01198 (Patent 7,015,913 B1)
`
`A conference call for Cases IPR2015-01028, IPR2015-01029,
`
`IPR2015-01070, and IPR2015-01198 took place on June 7, 2016 among
`respective counsel for Samsung Electronics Co., Ltd., Samsung Electronics
`America, Inc. and Samsung Semiconductor, Inc. (collectively, “Petitioner”),
`NVIDIA Corporation (“Patent Owner”), and Administrative Patent Judges
`Turner, Tornquist, and Bunting.2
`
` The parties indicated that they have reached agreement to settle the
`dispute between them in the form of an executed Memorandum of
`Understanding. According to the parties, the settlement agreement itself has
`not yet been executed by the parties, although discussions are ongoing. The
`parties represented that motions to terminate in the related district court
`litigation are either pending or granted.
`
`The parties are authorized to file a joint motion to terminate these
`proceedings after the settlement agreement is executed.3 Our rules require
`that a copy of the settlement agreement must be filed with Board. See 35
`U.S.C. § 317(b) (“Any agreement or understanding between the patent
`owner and a petitioner, including any collateral agreements referred to in
`such agreement or understanding, made in connection with, or in
`contemplation of, the termination of an inter partes review under this section
`shall be in writing and a true copy of such agreement or understanding shall
`be filed in the Office before the termination of the inter partes review as
`
`
`2 This call was conducted concurrently with IPR2015-01062, IPR2015-
`01065, and IPR2015-01068 involving the same parties.
`3 Should execution of the settlement agreement be delayed beyond
`September 1, 2016, the parties are to notify the panel.
`
`2
`
`

`
`IPR2015-01028 (Patent 6,198,488 B1)
`IPR2015-01029 (Patent 6,992,667 B2)
`IPR2015-01070 (Patent 6,690,372 B2)
`IPR2015-01198 (Patent 7,015,913 B1)
`
`between the parties.”) The parties may request that the settlement agreement
`be treated as business confidential and kept separate from file of involved
`patents under 37 C.F.R. § 42.74(c).
`
`The parties also noted that Due Dates 4 and 7, pertaining to oral
`argument, as set forth in the Scheduling Order, are coming up. We advised
`the parties to meet and confer and file a joint paper indicating their
`agreement to waive oral argument and the filing of further papers. The
`parties subsequently jointly filed a Joint Notice of Waiver of Oral Argument
`and Agreement Not to File Further Papers (Paper 34)4 in each of these
`proceedings. We acknowledge the parties waiver of oral argument in these
`proceedings.
`
`
`ORDER:
`It is ORDERED that the parties are authorized to file a joint motion to
`terminate in each of these proceedings prior to September 1, 2016.
`
`
`4 For purposes of convenience, we refer to papers filed in IPR2015-01028
`only.
`
`3
`
`

`
`IPR2015-01028 (Patent 6,198,488 B1)
`IPR2015-01029 (Patent 6,992,667 B2)
`IPR2015-01070 (Patent 6,690,372 B2)
`IPR2015-01198 (Patent 7,015,913 B1)
`
`PETITIONER:
`
`Robert A. Appleby, P.C.
`Gregory S. Arovas, P.C.
`Eugene Goryunov
`KIRKLAND & ELLIS LLP
`robert.appleby@kirkland.com
`greg.arovas@kirkland.com
`Eugene.goryunov@kirkland.com
`Samsung-NVIDIA-IPR-Service@kirkland.com
`
`PATENT OWNER:
`
`Christopher Broderick
`Don Daybell
`ORRICK HERRINGTON & SUTCLIFFE LLP
`CPBPTABDocket@orrick.com
`D2DPTABDocket@orrick.com
`
`4