`Tel: 571-272-7822
`
`Paper 38
`Entered: August 3, 2016
`
`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)
`
`
`Before KEVIN F. TURNER, BEVERLY M. BUNTING, and
`JON B. TORNQUIST, Administrative Patent Judges.
`
`BUNTING, Administrative Patent Judge.
`
`
`JUDGMENT
`Termination of Proceedings
`35 U.S.C. § 317(a) and 37 C.F.R. § 42.72
`
`
`1 This Judgment addresses issues that are identical in each case. We
`exercise our discretion to issue one Judgment 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)
`
`On July 15, 2016, Samsung Electronics Co., Ltd., Samsung
`Electronics America, Inc, Samsung Semiconductor, Inc, and NVIDIA
`Corporation (collectively referred to as “the parties”) filed a joint motion to
`terminate each of these proceedings pursuant to a settlement agreement.
`Paper 36.2 The parties also filed true copies of their written Memorandum
`of Understanding Regarding Settlement Agreement (Ex. 2131) and
`Settlement Agreement (Ex. 2132), both made in connection with the
`termination of these proceedings, in accordance with 35 U.S.C. § 317(b) and
`37 C.F.R. § 42.72. Additionally, the parties submitted a joint request to
`have both their Memorandum of Understanding Regarding Settlement
`Agreement, and Settlement Agreement, treated as confidential business
`information under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c).3 Paper 37.
`The parties submit that termination is appropriate because the parties
`have settled their dispute and have reached agreement to terminate these
`inter partes reviews. Paper 36, 1. The parties represent that this settlement
`agreement ends all disputes as to these patents between the parties, including
`pending lawsuits and ITC investigations, which were either dismissed with
`prejudice or terminated. Id.
`The Board is not a party to the settlement, and may identify
`independently any question of patentability. 37 C.F.R. § 42.74(a).
`Generally, however, the Board expects that a proceeding will terminate after
`
`
`2 Paper and exhibit numbers refer to IPR2015-01028.
`3 We note that certain documents contain confidential information. Pursuant
`to 37 C.F.R. § 42.56, the parties may file a motion to expunge this
`information. Such motion will be due within 10 business days of this
`Judgment, otherwise the documents will be made public in due course.
`
`2
`
`
`
`IPR2015-01028 (Patent 6,198,488 B1)
`IPR2015-01029 (Patent 6,992,667 B2)
`IPR2015-01070 (Patent 6,690,372 B2)
`
`the filing of a settlement agreement. See, e.g., Office Patent Trial Practice
`Guide, 77 Fed. Reg. 48,756, 48,768 (Aug. 14, 2012). Indeed, the parties
`jointly waived oral argument and agreed not to file any further papers
`pertaining to the remaining due dates noted in the Scheduling Order. Paper
`34.
`
`Under the circumstances, based on the record before us, we determine
`that it is appropriate to terminate each of these proceedings with respect to
`the parties, at this juncture, to promote efficiency and minimize unnecessary
`costs. Based on the facts, it is appropriate to enter judgment terminating
`these proceedings without rendering a final written decision and treat the
`Memorandum of Understanding Regarding Settlement Agreement (Ex.
`2131) and Settlement Agreement (Ex. 2132) as business confidential
`information. See 35 U.S.C. § 317(a); 37 C.F.R. §§ 42.72 and 42.74(c).
`
`
`ORDER
`In consideration of the foregoing, it is
`
`ORDERED that the parties’ joint request that the Memorandum of
`
`Understanding Regarding Settlement Agreement (Ex. 2131) and Settlement
`Agreement (Ex. 2132) be treated as business confidential information under
`35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), and kept separate from the
`patent file, is GRANTED;
`
`FURTHER ORDERED that the joint motions to terminate IPR2015-
`01028, IPR2015-01029, and IPR2015-01070 are GRANTED;
`FURTHER ORDERED that the parties are authorized to file a motion
`to expunge confidential information from the record within 10 days of this
`Judgment; and
`
`3
`
`
`
`IPR2015-01028 (Patent 6,198,488 B1)
`IPR2015-01029 (Patent 6,992,667 B2)
`IPR2015-01070 (Patent 6,690,372 B2)
`
`
`
`FURTHER ORDERED that these proceedings are TERMINATED.
`
`
`
`4
`
`
`
`IPR2015-01028 (Patent 6,198,488 B1)
`IPR2015-01029 (Patent 6,992,667 B2)
`IPR2015-01070 (Patent 6,690,372 B2)
`
`PETITIONER:
`Robert A. Appleby
`Gregory S. Arovas
`Eugene Goryunov
`KIRKLAND & ELLIS LLP
`robert.appleby@kirkland.com
`greg.arovas@kirkland.com
`eugene.goryunov@kirkland.com
`
`PATENT OWNER:
`
`Christopher P. Broderick
`Don Daybell
`ORRICK, HERRINGTON & SUTCLIFFE LLP
`CPBPTABDocket@orrick.com
`D2DPTABDocket@orrick.com
`
`5
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