`571-272-7822
`
`
`
`
`Paper 22
`Entered: December 13, 2016
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`AMERICAN MEGATRENDS, INC.,
`MICRO-STAR INTERNATIONAL CO., LTD,
`MSI COMPUTER CORP.,
`GIGA-BYTE TECHNOLOGY CO., LTD., AND
`G.B.T., INC.,
`Petitioner,
`
`v.
`
`KINGLITE HOLDINGS INC.
`Patent Owner
`____________
`
`Case IPR2016-00114
`Patent 5,937,200
`
`Before GLENN J. PERRY, TREVOR M. JEFFERSON, and
`BRIAN J. McNAMARA, Administrative Patent Judges.
`
`PERRY, Administrative Patent Judge.
`
`DECISION
`Termination of Trial
`37 C.F.R. § 42.74
`
`
`
`Case IPR2016-00114
`Patent 5,937,200
`
`
`Pursuant to our November 23, 2016, email authorization, the parties
`filed a joint motion to terminate the instant proceeding. Paper 20. We
`instituted trial (Paper 15) on May 4, 2016, but oral argument (scheduled for
`January 24, 2017) has not taken place. The joint motion represents that the
`parties have filed a true copy of their written settlement agreement (Ex.
`1021) made in connection with this termination in accordance with
`35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(b). Paper 20. The parties also
`filed a joint request to have their settlement agreement treated as confidential
`business information under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c).
`Paper 21.
`For the reasons provided below, the joint motion to terminate is
`granted and the instant proceeding is terminated. The joint request that the
`settlement agreement be treated as business confidential information is also
`granted.
`The parties represent that the following litigations involve the patent
`at issue in the instant proceeding:
`1. Kinglite Holdings, Inc. v. Micro-Star International Co., Ltd., et al.,
`14-cv-03009 (C.D. Cal.),
`2. Kinglite Holdings, Inc. v. Giga-Byte Technology Co., Ltd., et al.,
`14-cv-04989 (C.D. Cal.),
`3. Kinglite Holdings, Inc. v. Micro-Star International Co., Ltd., et al.,
`15-cv-09612 (C.D. Cal.),
`4. Kinglite Holdings, Inc. v. Giga-Byte Technology Co., Ltd., et al.,
`15-cv-09615 (C.D. Cal.), and
`5. Kinglite Holdings, Inc. v. EliteGroup Computer Systems Co., Ltd.,
`et al., 16-cv-00912 (N.D. Cal.).
`
`2
`
`
`
`
`
`Case IPR2016-00114
`Patent 5,937,200
`
`
`The parties further represent that there are no related proceedings
`currently before the Office involving the patent at issue. Paper 20 at 4.
`The settlement agreement “resolve[s] all outstanding claims and
`litigation involving the Kinglite Patents between Kinglite and AMI.” Ex.
`1021 at 1. The settlement agreement also applies to Micro-Star International
`Co., Ltd., Giga-Byte Technology Co., Ltd., EliteGroup Computer Systems
`Co., Ltd., and their respective Subsidiaries. We therefore conclude that the
`settlement agreement applies to all parties. We are not aware of any other
`parties having an interest in the outcome of this inter partes review.
`Therefore, it is
`ORDERED that the joint motion to terminate is granted and the
`instant proceeding is terminated; and
`FURTHER ORDERED that the request to treat the settlement
`agreement (Ex. 1021) as business confidential information is granted.
`PETITIONER:
`
`Vivek Ganti
`Gregory Ourada
`HILL, KERTSCHER & WHARTON, LLP
`vg@hkw-law.com
`go@hkw-law.com
`
`PATENT OWNER
`
`Christopher Frerking
`chris@ntknet.com
`
`George C. Summerfield
`STADHEIM & GREAR LTD.
`summerfield@stadheimgrear.com
`
`3
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