`571–272–7822
`
`
`
`Paper 18
`Entered: February 18, 2016
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`RPX CORPORATION, HUAWEI TECHNOLOGIES USA, INC.,
`HUAWEI TECHNOLOGIES CO., LTD., HUAWEI DEVICE CO. LTD.,
`HUAWEI DEVICE (DONGGUAN) CO., LTD., and
`HUAWEI DEVICE USA, INC.,
`Petitioner,
`
`v.
`
`RED ANVIL, LLC,
`Patent Owner.
`_______________
`
`Case IPR2016-00003
`Patent No. 5,680,223
`_______________
`
`
`Before TRENTON A. WARD, LYNNE E. PETTIGREW, and
`CHRISTA P. ZADO, Administrative Patent Judges.
`
`ZADO, Administrative Patent Judge.
`
`ORDER
`Termination of the Proceeding
`37 C.F.R. § 42.74
`
`
`
`
`
`
`
`
`IPR2016-00003
`Patent 5,680,223
`
`
`INTRODUCTION
`I.
`On February 1, 2016, the parties filed a Joint Motion to Terminate the
`instant proceeding. Paper 16 (“Joint Mot.”). In addition, pursuant to 37
`C.F.R. § 42.74(b), the parties filed a copy of their settlement agreement and
`a release agreement (collectively, “Agreements”), covering, inter alia, the
`patent involved in this proceeding, U.S. Patent No. 5,680,223 (“the ’223
`patent”). Exs. 1017, 1018. The parties filed a joint request to have the
`Agreements be treated as business confidential information and kept
`separate from the files of the patent involved in this proceeding under 37
`C.F.R. § 42.74(c). Paper 17. We authorized the filing of these papers.
`Paper 14.
`
`II. ANALYSIS
`The parties contend that, under 35 U.S.C. § 317(a), termination is
`proper because all parties involved in the proceeding request it and the
`merits are undecided. Joint Mot. 5; see also 35 U.S.C. § 317(a) (“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.”). The parties further contend that the Agreements
`are a true and correct copy of all settlement agreements and understandings
`between the parties under 37 C.F.R. § 42.74(b), Joint Mot. 6, and that the
`Agreements fully resolve and settle the parties’ dispute over the ’223 patent,
`id. at 5. This case is in the preliminary proceeding1 stage; no decision
`
`
`1 A preliminary proceeding begins with the filing of a petition for instituting
`a trial and ends with a written decision as to whether trial will be instituted.
`37 C.F.R. § 42.2.
`
`2
`
`
`
`IPR2016-00003
`Patent 5,680,223
`
`whether to institute a trial has been made. Upon review of the procedural
`posture of this proceeding and the facts before us, we are persuaded that
`good cause exists to terminate the instant proceeding.
`All parties filed, along with their Joint Motion to Terminate, a joint
`motion requesting that the Agreements be kept separate and treated as
`business confidential under 37 C.F.R. § 42.74(c). Paper 17. The parties’
`request under 37 C.F.R. § 42.74(c) is granted. Pursuant to 37 C.F.R.
`§ 42.74(c), the Agreements “shall only be available: (1) [t]o a Government
`agency on written request to the Board; or (2) [t]o any other person upon
`written request to the Board to make the settlement agreement available,
`along with the fee specified in [37 C.F.R. § 42.15(d)] and on a showing of
`good cause.”
`
`III. ORDER
`In consideration of the foregoing, it is hereby:
`ORDERED that the Joint Motion to Terminate is granted;
`FURTHER ORDERED that the instant proceeding is hereby
`terminated as to all parties; and
`FURTHER ORDERED that the Joint Motion to treat the Agreements
`as business confidential and keep them separate from the patent file pursuant
`to 37 C.F.R. § 42.74(c) is granted.
`
`
`3
`
`
`
`IPR2016-00003
`Patent 5,680,223
`
`PETITIONER:
`John D. Vandenberg
`Kristen L. Reichenbach
`KLARQUIST SPARKMAN, LLP
`john.vandenberg@klarquist.com
`kristen.reichenbach@klarquist.com
`
`PATENT OWNER:
`
`Matt Brower
`browerlitigation@gmail.com
`
`
`4
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
