`571-272-7822
`
`
`Paper No. 30
`
`Entered: July 6, 2017
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`COMMISSARIAT À L’ENERGIE ATOMIQUE
`ET AUX ENERGIES ALTERNATIVES,
`Petitioner,
`
`v.
`
`SILICON GENESIS CORPORATION,
`Patent Owner.
`____________
`
`Case IPR2016-00831 (Patent 6,162,705)
`Case IPR2016-00832 (Patent 6,013,563)
`Case IPR2016-00833 (Patent 6,103,599)
`____________
`
`
`Before JONI Y. CHANG, J. JOHN LEE, and SHEILA F. McSHANE,
`Administrative Patent Judges.
`
`LEE, Administrative Patent Judge.
`
`
`
`
`DECISION
`Motion to Terminate
`35 U.S.C. § 317(a) and 37 C.F.R. § 42.72
`
`
`
`
`
`
`
`
`
`
`IPR2016-00831 (Patent 6,162,705)
`IPR2016-00832 (Patent 6,013,563)
`IPR2016-00833 (Patent 6,103,599)
`
`
`Petitioner, Commissariat à l’Energie Atomique et aux Energies
`Alternatives (“CEA”), and Patent Owner, Silicon Genesis Corporation
`(“SiGen”), filed a Joint Motion to Terminate Proceedings in each of the
`above-captioned proceedings (“CEA-SiGen IPRs”). Paper 36 (“Mot.”);1 see
`Paper 32 (order authorizing joint motion to terminate). The parties indicate
`that SiGen has reached a settlement agreement with Soitec, S.A., relating to
`litigation involving the patents challenged in the CEA-SiGen IPRs (“SiGen-
`Soitec Agreement”). Mot. 1; Ex. 2022. In addition, Soitec and CEA have
`reached an agreement whereby CEA has agreed to seek termination of the
`CEA-SiGen IPRs (“CEA-Soitec Agreement”). Id. at 1–2; Ex. 1016.
`Pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(b), the parties have
`filed both of these agreements with the Board and represent that “there are
`no additional agreements between the parties made in connection with, or
`contemplating the termination of this inter partes review.” Id. at 2.
`Under 35 U.S.C. § 317(a), “[a]n 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
`merits of these proceedings have not yet been decided, and no final written
`decisions have been entered. Further, the parties have complied with the
`requirements of 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(b). Thus, each of
`the parties’ Joint Motions to Terminate is granted.
`
`
`1 All citations in this Decision are to IPR2016-00831. Similar filings were
`made in all of the above-captioned proceedings.
`
`2
`
`
`
`IPR2016-00831 (Patent 6,162,705)
`IPR2016-00832 (Patent 6,013,563)
`IPR2016-00833 (Patent 6,103,599)
`
`
`In addition, CEA indicates that the CEA-Soitec Agreement is
`confidential business information and requests it be kept separate from the
`files of the challenged patents under 35 U.S.C. § 317(b) and 37 C.F.R.
`§ 42.74(c). Paper 37, 1. Similarly, SiGen indicates that the SiGen-Soitec
`Agreement is confidential business information and requests it be kept
`separate from the files of the challenged patents. Paper 38, 1. Both requests
`are unopposed, and both agreements were filed under seal as “Board Only”
`information as instructed by the Board. See Paper 32, 3 (order setting forth
`instructions for filing the agreements). We determine both agreements
`constitute confidential business information and, thus, both parties’ requests
`are granted.
`
`ORDER
`
`It is
`ORDERED that the Joint Motion to Terminate Proceedings in each of
`the CEA-SiGen IPRs is granted, and each proceeding is thereby terminated;
`and
`
`FURTHER ORDERED that the parties’ requests in each of the
`CEA-SiGen IPRs to keep separate the CEA-Soitec Agreement and SiGen-
`Soitec Agreement, pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c),
`are granted.
`
`
`
`
`
`
`3
`
`
`
`IPR2016-00831 (Patent 6,162,705)
`IPR2016-00832 (Patent 6,013,563)
`IPR2016-00833 (Patent 6,103,599)
`
`PETITIONER:
`
`Paul E. McGowan
`Parker D. Hancock
`Douglas D. Salyers
`Marcus T. Hall
`TROUTMAN SANDERS LLP
`paul.mcgowan@troutmansanders.com
`parker.hancock@troutmansanders.com
`douglas.salyers@troutmansanders.com
`marcus.hall@troutmansanders.com
`
`
`PATENT OWNER:
`
`Margaux Nair
`K&L GATES LLP
`margaux.nair.PTAB@klgates
`
`
`4
`
`
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