`Tel: 571-272-7822
`
`Paper No. 23
`
`
` Entered: October 5, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`DAIFUKU CO., LTD. AND DAIFUKU AMERICA CORP.,
`Petitioner,
`
`v.
`
`MURATA MACHINERY, LTD.,
`Patent Owner.
`____________
`
`Cases: IPR2015-01538 (Patent 6,113,341)
` IPR2015-01539 (Patent 6,183,184 B1)
`____________
`
`
`
`Before KEN B. BARRETT, BARRY L. GROSSMAN, and
`BRIAN P. MURPHY, Administrative Patent Judges.
`
`MURPHY, Administrative Patent Judge.
`
`
`
`ORDER
`Termination of the Proceedings
`35 U.S.C. § 317(a), 37 C.F.R. § 42.72
`
`
`
`IPR2015-01538 (Patent 6,113,341)
`IPR2015-01539 (Patent 6,183,184 B1)
`
`
`On September 21, 2016 and September 27, 2016, we authorized
`Daifuku Co., Ltd. and Daifuku America Corp. (“Petitioner”) and Murata
`Machinery, Ltd. (“Patent Owner”) to file joint motions to terminate the
`above-identified proceedings. Pursuant to 35 U.S.C. § 317(a) and 37 C.F.R.
`§ 42.72, the parties filed Joint Motions to terminate each of these
`proceedings. Paper 21 (“Joint Motion” or “Joint Mot.”).1 The parties also
`filed confidential Settlement Agreement documents in support of their Joint
`Motions. Ex. 1012 (“Executed Settlement Agreement”); Ex. 1013
`(“Translated Settlement Agreement”). The parties’ Joint Motions included
`requests to treat the Settlement Agreement documents as business
`confidential information pursuant to 35 U.S.C. § 317(b) and 37 C.F.R.
`§ 42.74(c).
`“An inter partes review instituted under this chapter shall be
`terminated with respect to any petitioner upon the joint request of the
`petitioner and the patent owner, unless the Office has decided the merits of
`the proceeding before the request for termination is filed.” 35 U.S.C.
`§ 317(a). The Board has not yet decided the merits of these proceedings,
`and final written decisions have not been entered. Petitioner and Patent
`Owner represent that they have settled all of their disputes involving the
`patents at issue and have agreed to stipulate to dismissal of the related court
`action. Joint Mot. 1–2. The parties further represent that there are no other
`
`
`1 For ease of reference, all citations are to the papers and exhibits filed in
`IPR2015-01538, unless otherwise indicated. Similar papers and exhibits
`were filed in IPR2015-01539.
`
`
`
`2
`
`
`
`IPR2015-01538 (Patent 6,113,341)
`IPR2015-01539 (Patent 6,183,184 B1)
`
`IPR proceedings currently pending before the Board involving the patents at
`issue. Joint Mot. 2.2
`Accordingly, we determine that good cause exists to terminate these
`proceedings.
`
`IV. ORDER
`
`For the foregoing reasons, it is
`
`ORDERED that the Joint Motions to terminate IPR2015-01538 (Paper
`
`21) and IPR2015-01539 (Paper 17) are granted;
`FURTHER ORDERED that the Joint Motions to treat the Settlement
`Agreement documents in IPR2015-01538 (Ex. 1012 and Ex. 1013) and
`IPR2015-01539 (Ex. 1011 and Ex. 1012) as business confidential
`information, to be kept separate from the respective patent files, are granted;
`and
`FURTHER ORDERED that the above-identified inter partes review
`
`proceedings are hereby terminated.
`
`
`
`
`
`
`
`2 The September 27, 2016, letter filed as part of the Settlement Agreement
`documents provides that the withdrawal provisions of the settlement apply to
`the patents at issue in IPR2015-01538 and IPR2015-01539. Ex. 1013, 11–
`12.
`
`
`
`3
`
`
`
`IPR2015-01538 (Patent 6,113,341)
`IPR2015-01539 (Patent 6,183,184 B1)
`
`FOR PETITIONER:
`Mark Thronson
`Dipu Doshi
`BLANK ROME LLP
`MThronson@BlankRome.com
`Daifuku.IPR@BlankRome.com
`
`
`
`FOR PATENT OWNER:
`Mark Garrett
`David Ben-Meir
`Stephanie DeBrow
`NORTON ROSE FULBRIGHT US LLP
`mark.garrett@nortonrosefulbright.com
`david.ben-meir@nortonrosefulbright.com
`stephanie.debrow@nortonrosefulbright.com
`
`Thomas King
`HAYNES BOONE
`thomas.king@haynesboone.com
`
`
`
`
`
`4
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