`571.272.7822
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` Paper No. 46
`Filed: March 6, 2017
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`NISSAN NORTH AMERICA, INC., NISSAN MOTOR CO., LTD., and
`AMERICAN HONDA MOTOR CO., INC.,
`Petitioner,
`
`v.
`
`BLITZSAFE TEXAS, LLC,
`Patent Owner.
`
`____________
`
`Case IPR2016-004181
`Patent 8,155,342 B2
`____________
`
`Before JAMESON LEE, MIRIAM L. QUINN, and KERRY BEGLEY,
`Administrative Patent Judges.
`
`QUINN, Administrative Patent Judge.
`
`
`
`DECISION
`Granting Termination as to Petitioner American Honda Motor Co., Inc.
`37 C.F.R. § 42.72
`
`
`1 Cases IPR2016-01533, IPR2016-01557, and IPR2016-01560 have been
`joined with this proceeding.
`
`
`
`IPR2016-00418
`Patent 8,155,342 B2
`
`
`
`
`On authorization from the Board, Petitioner American Honda Motor
`
`Co. (“Honda”) and Patent Owner filed, on March 2, 2017, a Joint Motion to
`
`Terminate. Paper 44. The written settlement agreement, made in
`
`connection with the termination of the instant proceeding, is filed in the
`
`record as Exhibit 2016, in accordance with 35 U.S.C. § 317(b) and 37 C.F.R.
`
`§ 42.74(b). Exhibit 2016. Additionally, Honda and Patent Owner submitted
`
`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 45. The filings convey that the parties have settled their dispute and
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`have agreed to request termination of the instant proceeding. Paper 44, 1.
`
`The filings also state that the parties have settled their dispute and filed
`
`motions to dismiss the related district court litigation, which was pending in
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`the U.S. District Court for the Eastern District of Texas. Id.
`
`Although this proceeding is in a late stage and we have heard oral
`
`argument, the Board has not yet issued a Final Written Decision, which is
`
`not due for another four months. However, one more entity remains as
`
`Petitioner in this proceeding. Therefore, although the motion requests
`
`termination of the proceeding as to both Honda and Patent Owner, it would
`
`not be appropriate at this juncture, with another entity remaining, to
`
`terminate either the proceeding in its entirety or Patent Owner’s
`
`participation. Upon consideration of the requests before us, we determine
`
`that terminating the instant proceeding with respect to only Honda is proper.
`
`Accordingly, it is:
`
`
`
`ORDERED that the joint motion to terminate IPR2016-00418 is
`
`granted in part;
`
`
`
`2
`
`
`
`IPR2016-00418
`Patent 8,155,342 B2
`
`
`FURTHER ORDERED that the instant proceeding is hereby
`
`terminated as to Petitioner American Honda Motor Co. only; and
`
`FURTHER ORDERED that the joint request that the settlement
`
`agreement between American Honda Motor Co. and Patent Owner be treated
`
`as business confidential information, kept separate from the patent file, and
`
`made available only to Federal Government agencies on written request, or
`
`to any person on a showing of good cause, pursuant to 35 U.S.C. § 317(b)
`
`and 37 C.F.R. § 42.74(c), is granted.
`
`
`
`3
`
`
`
`IPR2016-00418
`Patent 8,155,342 B2
`
`PETITIONER:
`
`Joseph Melnik (Lead Counsel)
`Joseph Beauchamp (Back-up Counsel)
`H. Albert Liou (Back-up Counsel)
`jmelnik@jonesday.com
`jbeauchamp@jonesday.com
`aliou@jonesday.com
`
`David Tarnoff (Lead Counsel)
`Sean Hsu (Back-up Counsel)
`Suzanne Konrad
`DTarnoff@giplaw.com
`shsu@jvllp.com
`SKonrad@giplaw.com
`
`PATENT OWNER:
`
`Peter Lambrianakos (Lead Counsel)
`Shahar Harel (Back-up Counsel)
`Vincent Rubino (Back-up Counsel)
`plambrianakos@brownrudnick.com
`sharel@brownrudnick.com
`vrubino@brownrudnick.com
`
`
`
`4
`
`
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