`571-272-7822
`
`
`
`
` Paper 16
` Entered: January 22, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`AUTOMOTIVE DATA SOLUTIONS, INC. and
`AUDIONICS SYSTEM, INC.,
`Petitioner,
`
`v.
`
`AAMP OF FLORIDA, INC.,
`Patent Owner.
`____________
`
`Case IPR2016-00061
`Patent 9,165,593 B2
`
`
`
`Before KEN B. BARRETT, KRISTEN L. DROESCH,
`TRENTON A. WARD, Administrative Patent Judges.
`
`DROESCH, Administrative Patent Judge.
`
`
`
`ORDER
`Granting Dismissal as to Audionics System, Inc.
`37 C.F.R. §§ 42.71, 42.74
`
`
`
`
`
`
`
`
`
`IPR2016-00061
`Patent 9,165,593 B2
`Pursuant to authorization by the Board, Patent Owner AAMP of
`Florida, Inc. and Petitioner Audionics System, Inc. (“Audionics”) filed a
`Joint Motion to Terminate IPR2016-00061 with respect to Petitioner
`Audionics. Paper 12. The Joint Motion to Terminate included a settlement
`agreement (Ex. 1039) along with a request that the submitted settlement
`agreement be treated as business confidential and kept separate from the
`patent file. See 35 U.S.C. § 317(a); 37 C.F.R. § 42.72.
`Pursuant to our January 12, 2016, Order (Paper 13), Patent Owner and
`Petitioner Audionics jointly filed a Joint Certification (Paper 14) stating that
`the entire agreement relating to the termination of Audionics from IPR2016-
`0061 is memorialized in Exhibit 1039. The Joint Certification further
`includes as Exhibit A the Stipulation for Dismissal with Prejudice from
`Audionics System, Inc., v. AAMP of Florida, Inc., Case No. 2:12-cv-10763
`(C. D. Cal.) referenced in Exhibit 1039.
`
`The case is in a preliminary stage. The Board has not yet issued a
`decision on whether to institute trial. We are persuaded that, under these
`circumstances, it is appropriate to dismiss the Petition as to Audionics.
`35 C.F.R. § 42.71(a).
`
`ORDER
`
`Accordingly, it is:
`
`ORDERED that the joint motion (Paper 12) is granted and the Petition
`
`is dismissed as to Audionics;
`
`FURTHER ORDERED that dismissal is granted as to Audionics only,
`and these proceedings shall continue with Automotive Data Solutions, Inc.
`as s Petitioner; and
`
`2
`
`
`
`IPR2016-00061
`Patent 9,165,593 B2
`
`FURTHER ORDERED that the joint request (Paper 12) that the
`settlement agreement (Ex. 1039) be treated as business confidential
`information and kept separate from the patent file, is granted.
`
`
`
`
`
`3
`
`
`
`4
`
`IPR2016-00061
`Patent 9,165,593 B2
`PETITIONERS:
`R. Joseph Trojan
`Fredrick S. Tsang
`
`TROJAN LAW OFFICES
`
`Trojan@Trojanlawoffices.com
`Tsang@Trojanlawoffices.com
`
`
`
`PATENT OWNER:
`Greg F. LoCascio
`Brian A Verbus
`
`KIRKLAND & ELLIS LLP
`
`glocascio@kirkland.com
`Brian.verbus@kirkland.com
`
`
`
`
`
`Joel Weiss
`
`WEISS & ARONS, LLP
`
`jweiss@weissarons.com
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