`571-272-7822 Date: October 29, 2015
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`DELL INC.,
`Petitioner,
`
`v.
`
`NXP B.V.,
`Patent Owner.
`
`
`
`Case IPR2015-01308
`Patent No. 8,204,959 B2
`
`
`
`
`
`
`Before DONNA M. PRAISS, MICHAEL J. FITZPATRICK, and MINN CHUNG,
`Administrative Patent Judges.
`
`FITZPATRICK, Administrative Patent Judge.
`
`
`
`DECISION
`Dismissing Petition Pursuant to Settlement
`37 C.F.R. § 42.71(a)
`
`
`
`
`
`
`
`
`
`IPR2015-01308
`Patent No. 8,204,959 B2
`
`
`
`
`
`
`
`Petitioner, Dell Inc., filed a Petition to institute an inter partes review of
`
`claims 1–20 of U.S. Patent No. 8,204,959 B2 pursuant to 35 U.S.C. § 311(a).
`
`Paper 1. Patent Owner, NXP B.V., filed a Preliminary Response pursuant to 35
`
`U.S.C. § 313. Paper 6.
`
`On October 21, 2015, prior to our decision on institution and upon receiving
`
`leave to do so, the parties filed a “Joint Motion to Terminate” based on a
`
`settlement agreement that resolves the parties’ dispute related to the involved
`
`patent.1 Paper 7. The parties also filed a copy of the settlement agreement
`
`(Paper 9) along with a “Joint Request To File Settlement Agreement As Business
`
`Confidential.” Paper 8; 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.”).
`
`Under these circumstances, we determine that it is appropriate to dismiss the
`
`Petition. See 37 C.F.R. § 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 is dismissed; and
`
`FURTHER ORDERED that the settlement agreement (Paper 9) be treated as
`
`business confidential information and be kept separate from the files of the
`
`involved U.S. Patent No. 8,204,959 B2.
`
`
`
`
`
`
`
`
`1 Technically, during a conference call on October 20, 2015, leave was granted to
`file a joint motion to dismiss the petition, not to terminate a proceeding that is yet
`to be instituted.
`
`2
`
`
`
`
`
`
`
`
`IPR2015-01308
`Patent No. 8,204,959 B2
`
`PETITIONER:
`
`KEVIN MEEK
`PAYLA HEYMAN
`JEFFREY QUILICI
`kevin.meek@bakerbotts.com
`paula.heyman@bakerbotts.com
`jeff.quikici@bakerbotts.com
`
`PATENT OWNER:
`
`J. STEVEN BAUGHMAN
`MARK ROWLAND
`JAMES L. DAVIS, JR.
`steven.baughman@ropesgray.com
`mark.rowland@ropesgray.com
`james.l.davis@ropesgray.com
`
`
`3
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