`571-272-7822
`
`
`
`
`Paper 10
`Entered: January 12, 2016
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GN RESOUND A/S,
`Petitioner,
`
`v.
`
`OTICON A/S,
`Patent Owner.
`____________
`
`Case IPR2015-01947 (Patent 8,995,699 B2)
`Case IPR2015-01948 (Patent 8,995,699 B2)
`
`
`
`Before MICHELLE R. OSINSKI, NEIL T. POWELL, and
`FRANCES L. IPPOLITO, Administrative Patent Judges.
`
`IPPOLITO, Administrative Patent Judge.
`
`ORDER
`Joint Motion to Terminate
`35 U.S.C. § 317; 37 C.F.R. §§ 42.72, 42.74
`
`
`
`IPR2015-01947 (Patent 8,995,699 B2)
`IPR2015-01948 (Patent 8,995,699 B2)
`
`
`On January 8, 2016, the parties filed a Joint Motion to Terminate
`Proceeding in each of the above-identified proceedings. IPR2015-001947,
`Paper 7; IPR2015-1948, Paper 7. The parties further filed a true copy of a
`License Agreement1 (IPR2015-01947, Paper 9; IPR2015-01948, Paper 9)
`and a Joint Request to File Settlement Agreement as Business Confidential
`Pursuant to 35 U.S.C. § 317 (IPR2015-01947, Paper 8; IPR2015-01948,
`Paper 8) in each proceeding. The above filings were authorized pursuant to
`an email sent by the Board on January 7, 2016.
`Each of these proceedings is in an early stage and no decision whether
`to institute inter partes review has been made. Additionally, the parties
`represent that they have requested dismissal of a related district court matter
`based on the License Agreement. IPR2015-01947, Paper 7, 2; IPR2015-
`01948, Paper 7, 2.
`Based on the facts of these cases, it is appropriate to terminate the
`proceedings. Therefore, the joint motions to terminate the proceedings are
`granted.
`Accordingly, it is
`ORDERED that the joint motions to terminate the proceedings are
`granted;
`FURTHER ORDERED that the parties’ joint requests that the License
`Agreement (Paper 9) be treated as business confidential information, to be
`
`1 The parties refer to a “Settlement Agreement” attached as “Exhibit 1” to
`the Joint Motion to Terminate. However, the License Agreement is filed as
`Paper 9 in IPR2015-1947 and Paper 9 in IPR2015-01948, and there is no
`Exhibit 1 in either proceeding. Accordingly, we treat the parties’ reference
`to the “Settlement Agreement” as citing the License Agreement submitted in
`the respective proceedings.
`
`2
`
`
`
`
`
`IPR2015-01947 (Patent 8,995,699 B2)
`IPR2015-01948 (Patent 8,995,699 B2)
`
`kept separate from the patent file are granted; and
`FURTHER ORDERED that the proceedings are terminated.
`
`PETITIONER:
`
`Scott A. McKeown
`Greg Gardella
`Victor Cheung
`OBLON, SPIVAK, MCCLELLAND, MAIER, & NEUSTADT LLP
`cpdocketMcKeown@oblon.com
`cpdocketGardella@oblon.com
`CPDocketCheung@oblon.com
`
`
`
`PATENT OWNER:
`
`D. Richard Anderson
`George Dolina
`BIRCH, STEWART, KOLASCH & BIRCH, LLP
`dra@bskb.com
`gsd@bskb.com
`
`3
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