`Tel: 571.272.7822
`
`Paper 20
`Entered: November 9, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`BATTERY-BIZ, INC.,
`Petitioner,
`
`v.
`
`COMARCO WIRELESS TECHNOLOGIES, INC.,
`Patent Owner
`____________
`
`Case IPR2016-00630 (Patent 7,863,770 B2)
`Case IPR2016-00632 (Patent 7,460,381 B2)1
`
`
`
`
`
`Before KEVIN F. TURNER, LYNNE E. PETTIGREW, and
`ROBERT J. WEINSCHENK, Administrative Patent Judges.
`
`
`
`TURNER, Administrative Patent Judge.
`
`DECISION
`Joint Motion to Terminate Pursuant to Settlement
`35 U.S.C. § 317(a) and 37 C.F.R. §§ 42.72–42.74
`
`
`
`
`
`1 We use this caption in this paper to indicate that this Order applies to, and
`is entered in, both cases. The parties are not authorized to use this caption.
`
`
`
`Case IPR2016-00630 (Patent 7,863,770 B2)
`Case IPR2016-00632 (Patent 7,460,381 B2)
`
`
`On November 3, 2016, and pursuant to 35 U.S.C. § 317(a), the parties
`filed a joint motion to terminate in each of the above cited proceedings.
`IPR2016-00630, Paper 18; IPR2016-00632, Paper 19 (“joint motions”).
`Along with the joint motions, the parties filed a Settlement Agreement (Ex.
`2002), along with copies of a stipulation of dismissal with prejudice (Ex.
`2001) of the underlying litigation, Comarco Wireless Technologies, Inc. v.
`Best Buy Stores, L.P., Civil Action No. 8:15-cv-00256 (C.D. Cal. 2015). We
`authorized the above filings during the conference call on October 6, 2016.
`The parties represent that they have settled their disputes and
`memorialized their settlement in the written agreement submitted in each
`case. In the joint motions, the parties also represent that the settlement
`agreement resolves all disputes between the parties in the inter partes
`reviews and the related lawsuit. On this record, no motion by any third party
`for joinder with these inter partes reviews is pending.
`This matter is at an early stage after the institutions of the
`proceedings. Upon consideration of the facts before us, we determine that it
`is appropriate to terminate the proceedings with respect to both parties. See
`35 U.S.C. § 317(a); 37 C.F.R. §§ 42.72, 42.74. Therefore, the joint motions
`to terminate the proceedings are granted. This paper does not constitute a
`final written decision pursuant to 35 U.S.C. § 318(a).
`
`
`
`
`2
`
`
`
`Case IPR2016-00630 (Patent 7,863,770 B2)
`Case IPR2016-00632 (Patent 7,460,381 B2)
`
`
`ORDER
`For the foregoing reasons, it is:
`ORDERED that the joint motions to terminate in each of the
`IPR2016-00630 and IPR2016-00632 proceedings are granted and each of
`the proceedings is terminated with respect to both Petitioner and Patent
`Owner.
`
`
`
`
`
`3
`
`
`
`Case IPR2016-00630 (Patent 7,863,770 B2)
`Case IPR2016-00632 (Patent 7,460,381 B2)
`
`PETITIONER:
`David A. Dillard
`Sami I. Schilly
`LEWIS ROCA ROTHGERBER CHRISTIE, LLP
`ddillard@lrrc.com
`sschilly@lrrc.com
`
`PATENT OWNER:
`Harris A. Wolin
`Charles Quinn
`GRAHAM CURTIN, PA
`hwolin@grahamcurtin.com
`cquinn@grahamcurtin.com
`
`
`
`
`
`4
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