`571.272.7822
`
`
`Paper No. 10
`
` Filed: January 31, 2017
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`VOLKSWAGEN GROUP OF AMERICA, INC.,
`Petitioner,
`
`v.
`
`BLITZSAFE TEXAS, LLC,
`Patent Owner.
`____________
`
`Case IPR2016-01445
`Patent 8,155,342 B2
`____________
`
`
`
`Before JAMES T. MOORE, MIRIAM L. QUINN, and
`KERRY BEGLEY, Administrative Patent Judges.
`
`MOORE, Administrative Patent Judge.
`
`
`
`DECISION
`Granting Joint Motion to Dismiss Petition
`37 C.F.R. §§ 42.71(a), 42.74
`
`
`
`
`
`
`
`
`
`IPR2016-01445
`Patent 8,155,342 B2
`
`I. BACKGROUND
`
`On July 20, 2016 Petitioner, Volkswagen Group of America, Inc.1,
`filed a Petition requesting an inter partes review of claims 49–57, 62–64, 66,
`68, 70, 71, 73–80, 94, 95, 97, 99–103, 106, 109–111, 113, 115, and 120 of
`U.S. Patent No. 8,155,342 B2 (“the ’342 patent”). Paper 2 (“Pet.”). Patent
`Owner, Blitzsafe Texas, LLC, filed a Preliminary Response. Paper 6
`(“Prelim. Resp.”).
`On January 27, 2017, Petitioner and Patent Owner filed an unopposed
`Motion to Dismiss the Petition. Paper 8. Furthermore, Petitioner and Patent
`Owner filed a Joint Request to have their agreement treated as business
`confidential information under 37 C.F.R. § 42.74(c) and kept separate from
`the file of the involved patent. Paper 9. Petitioner and Patent Owner also
`filed a true copy of their written agreement. Ex. 2004. Petitioner and Patent
`Owner jointly represent that “[t]he inter partes review has not been
`instituted and the Parties have settled their dispute and have agreed to
`request termination of this inter partes review proceeding.” Paper 8, 2.
`Petitioner and Patent Owner contend that dismissal of the Petition is
`appropriate at this early stage because a decision whether to institute trial
`has not been issued. Id.
`Petitioner and Patent Owner have demonstrated that dismissal of the
`Petition is warranted, and we grant Petitioner and Patent Owner’s Motion.
`See 37 C.F.R. § 42.71(a) (petitions are dismissible). We also grant the
`parties’ request to have their agreement treated as business confidential
`information pursuant to 37 C.F.R. § 42.74(c).
`
`
`
`1 A subsidiary of Volkswagen, AG. Pet. 1.
`2
`
`
`
`
`
`IPR2016-01445
`Patent 8,155,342 B2
`
`
`II. ORDER
`
`Accordingly, it is:
`ORDERED that the parties’ Joint Motion is granted and the Petition is
`dismissed; and
`FURTHER ORDERED that the parties’ Joint Request that their
`agreement (Ex. 2004) be treated as business confidential information under
`37 C.F.R. § 42.74(c) is granted.
`
`
`
`PETITIONER:
`Michael J. Lennon (lead counsel)
`Clifford A. Ulrich
`mlennon@kenyon.com
`culrich@kenyon.com
`
`PATENT OWNER:
`
`Peter Lambrianakos (lead counsel)
`Shahar Harel
`Vincent J. Rubino, III
`plambrianakos@brownrudnick.com
`sharel@brownrudnick.com
`vrubino@brownrudnick.com
`
`
`
`
`3
`
`
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