`571-272-7822
`
`
`
`
`
` Paper No. 13
`Entered June 23, 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`AT&T MOBILITY LLC and AT&T SERVICES, INC.,
`Petitioner,
`
`v.
`
`NOVO TRANSFORMA TECHNOLOGIES, LLC,
`Patent Owner.
`____________
`
`Cases IPR2015-01213, IPR2015-01215
`Patent 5,826,034
`____________
`
`
`
`Before JENNIFER S. BISK, MICHAEL J. FITZPATRICK, and
`JOHN A. HUDALLA, Administrative Patent Judges.
`
`BISK, Administrative Patent Judge.
`
`
`
`
`
`DECISION
`Dismissing Petitions Pursuant To Settlement
`37 C.F.R. §§ 42.5(a), 42.71(a)
`
`
`
`
`
`IPR2015-01213, IPR2015-01215
`Patent 5,826,034
`
`
`
`
`
`On June 19, 2015, the parties filed a “Joint Motion to Terminate
`
`Proceeding” based on a settlement agreement that resolves the parties’
`
`disputes related to the challenged patent. Paper 10, 3.1 The parties
`
`concurrently filed a copy of the settlement agreement2 along with a “Joint
`
`Request To Treat Settlement Agreement As Business Confidential.” Paper
`
`11; see also 37 C.F.R. § 42.74(c) (“A party to a settlement may request that
`
`the settlement be treated as business confidential information and be kept
`
`separate from the files of an involved patent or application.”).
`
`
`
`Patent Owner has not filed preliminary responses to the Petitions, and
`
`we have not considered the merits of the Petitions. Under these
`
`circumstances, we determine that it is appropriate to dismiss the Petitions.
`
`See 37 C.F.R. §§ 42.5(a), 42.71(a). This paper does not constitute a final
`
`written decision pursuant to 35 U.S.C. § 318(a).
`
`
`
`
`
`
`
`Accordingly, it is:
`
`ORDERED that the Petition in each of these proceedings is
`
`dismissed; and
`
`
`
`FURTHER ORDERED that the settlement agreement (Exhibit 1022
`
`in IPR2015-01213 and Exhibit 1044 in IPR2015-01215) be treated as
`
`business confidential information and be kept separate from the files of the
`
`involved U.S. Patent No. 5,826,034.
`
`
`
`
`
`
`
`
`1 All citations in this decision are to the filings in IPR2015-01213.
`2 Ex. 1022 in IPR2015-01213; Ex. 1044 in IPR2015-01215.
`
`
`
`2
`
`
`
`IPR2015-01213, IPR2015-01215
`Patent 5,826,034
`
`
`
`PETITIONER:
`
`Christopher Kennerly
`Naveen Modi
`Timothy Cremen
`Paul Hastings LLP
`chriskennerly@paulhastings.com
`naveenmodi@paulhastings.com
`timothycremen@paulhastings.com
`
`PATENT OWNER:
`
`Jonathan Baker
`Farney Daniels PC
`jbaker@farneydaniels.com
`
`
`
`
`
`
`
`3
`
`
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