`571-272-7822
`
`Paper 17
`Entered: February 8, 2017
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`KATUN CORPORATION,
`Petitioner,
`
`v.
`
`TOSHIBA TEC CORPORATION and
`TOSHIBA AMERICA BUSINESS SOLUTIONS, INC.,
`Patent Owner.
`____________
`
`Case IPR2016-01010
`Patent 9,098,015 B2
`____________
`
`
`
`
`
`Before STACEY G. WHITE, JENNIFER MEYER CHAGNON, and
`MICHELLE N. WORMMEESTER, Administrative Patent Judges.
`
`WORMMEESTER, Administrative Patent Judge.
`
`JUDGMENT
`Termination of Proceeding
`37 C.F.R. § 42.72
`
`
`
`
`
`
`
`
`IPR2016-01010
`Patent 9,098,015 B2
`
`
`On February 7, 2017, the parties filed a joint motion to terminate the
`instant proceeding pursuant to a Settlement and Release Agreement
`(“Settlement Agreement”). Paper 15. The parties also filed a copy of their
`Settlement Agreement (Ex. 1026), made in connection with the termination
`of the instant proceeding, in accordance with 35 U.S.C. § 317(b) and
`37 C.F.R. § 42.74(b). Paper 15, 2. In a concurrently filed paper, the parties
`jointly request that the Settlement Agreement be treated as business
`confidential information and be kept separate from the file of the involved
`patent. Paper 16.
`The instant proceeding is in an early stage. The Board instituted trial
`(Paper 10) on November 16, 2016. The parties represent that “[t]here are no
`other collateral agreements, oral or written, between the Parties made in
`connection with, or in contemplation of, the termination of this proceeding”
`and that “[t]here are no other pending litigations or proceedings involving
`the patent at issue in the above-captioned inter partes review.” Paper 15, 2.
`The parties further represent that Exhibit 1026 is “a true copy” of the
`Settlement Agreement. Id. Under these circumstances, we determine that it
`is appropriate to terminate the instant proceeding under 37 C.F.R. § 42.72,
`without rendering a final written decision.
`
`Accordingly, it is
`ORDERED that the joint motion to terminate the instant proceeding is
`granted;
`FURTHER ORDERED that the instant proceeding is hereby
`terminated;
`
`2
`
`
`
`IPR2016-01010
`Patent 9,098,015 B2
`
`
`FURTHER ORDERED that the parties’ joint request that the
`Settlement Agreement (Ex. 1026) be treated as business confidential
`information and be kept separate from the file of the involved patent is
`granted; and
`FURTHER ORDERED that the Settlement Agreement (Ex. 1026) be
`treated as business confidential information and be kept separate from the
`file of the involved patent, under 37 C.F.R § 42.74(c), and made available
`only under the provisions of 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c).
`
`
`
`FOR PETITIONER:
`
`Cyrus A. Morton
`Miles A. Finn
`Li Zhu
`ROBINS KAPLAN LLP
`CMorton@RobinsKaplan.com
`MFinn@RobinsKaplan.com
`LZhu@RobinsKaplan.com
`
`
`
`FOR PATENT OWNER:
`
`Douglas F. Stewart
`Jared D. Schuettenhelm
`Patrick J. Connolly
`BRACEWELL LLP
`doug.stewart@bracewelllaw.com
`jared.schuettenhelm@bracewelllaw.com
`patrick.connolly@bracewelllaw.com
`
`3
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
