`Tel: 571-272-7822
`
`
`
` Paper 9
`Entered: November 10, 2016
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`LENOVO (UNITED STATES) INC.,
`Petitioner,
`
`v.
`
`CRESWELL HOLDINGS LLC,
`Patent Owner.
`____________
`
`Case IPR2016-01090
`Patent 6,340,803 B1
`____________
`
`
`Before PATRICK R. SCANLON, RICHARD E. RICE, and
`BARRY L. GROSSMAN, Administrative Patent Judges.
`
`SCANLON, Administrative Patent Judge.
`
`TERMINATION ORDER
`Dismissing the Petition
`37 C.F.R. §§ 42.5(a), 42.71(a)
`
`
`
`
`
`IPR2016-01090
`Patent 6,340,803 B1
`
`
`On November 4, 2016, the parties filed an Amended Joint Motion To
`Terminate (Paper 8, “Joint Motion” or “Jt. Mot.”) seeking to terminate this
`proceeding on the basis of a settlement. The parties also filed a copy of their
`written settlement agreement (Ex. 2002).1 In their Joint Motion, the parties
`request that their settlement agreement be treated as business confidential
`information under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c). Jt. Mot. 2.
`Further, the parties represent that the related district court litigation
`(Creswell Holdings, LLC. v. Lenovo (United States) Inc., 4:15-cv-407
`(EDTX)) has been dismissed pursuant to their settlement agreement. Id.
`The parties also represent that “[n]o dispute remains between [Patent
`Owner] and [Petitioner] regarding [U.S. Patent No. 6,340,803 B1, which
`Petitioner challenged in the Petition].” Id. at 3.
`The parties’ Joint Motion was filed at a preliminary stage of this
`proceeding, and the Board has not yet determined whether to institute an
`inter partes review. Under these circumstances, we determine that it is
`appropriate to dismiss the Petition. See 37 C.F.R. §§ 42.5(a), 42.71(a).
`This Termination Order does not constitute a final written decision
`pursuant to 35 U.S.C. § 318(a).
`In consideration of the foregoing, it is hereby:
`ORDERED that the parties’ joint request that the settlement
`agreement (Ex. 2002) be treated as business confidential information is
`granted;
`
`
`
`1 The parties had previously filed that same exhibit on November 1, 2016.
`The record currently contains two duplicate copies of Exhibit 2002.
`2
`
`
`
`
`
`IPR2016-01090
`Patent 6,340,803 B1
`
`
`FURTHER ORDERED that the parties’ joint motion to terminate the
`instant proceeding (Paper 8) is granted; and
`FURTHER ORDERED that the Petition is dismissed.
`
`
`
`3
`
`
`
`IPR2016-01090
`Patent 6,340,803 B1
`
`PETITIONER:
`
`Eric Klein
`eklein@akingump.com
`
`Todd Landis
`tlandis@akingump.com
`
`
`
`PATENT OWNER:
`
`Hao Ni
`hni@nilawfirm.com
`
`
`Neal G. Massand
`nmassand@nilawfirm.com
`
`
`
`
`
`4
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