`571.272.7822
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`
`
`
` Paper No. 11
`Filed: March 10, 2017
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`NISSAN NORTH AMERICA, INC. and NISSAN MOTOR CO., LTD,
`Petitioner,
`
`v.
`
`BLITZSAFE TEXAS, LLC,
`Patent Owner.
`
`____________
`
`Case IPR2016-004181
`Patent 8,155,342 B2
`____________
`
`
`
`Before JAMESON LEE, MIRIAM L. QUINN, and KERRY BEGLEY,
`Administrative Patent Judges.
`
`QUINN, Administrative Patent Judge.
`
`
`
`DECISION
`Granting Motion to Terminate Proceeding
`37 C.F.R. § 42.72
`
`
`1 Cases IPR2016-01533, IPR2016-01557, and IPR2016-01560 have been
`joined with this proceeding.
`
`
`
`IPR2016-00418
`Patent 8,155,342 B2
`
`
`
`
`On authorization from the Board, Nissan North America, Inc. and
`
`Nissan Motor Co., Ltd. (“Petitioner”) and Patent Owner filed, on March 7,
`
`2017, a Joint Motion to Terminate. Paper 48. The written settlement
`
`agreement, made in connection with the termination of the instant
`
`proceeding, is filed in the record as Exhibit 2017, in accordance with
`
`35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(b). Exhibit 2017. Additionally,
`
`Petitioner and Patent Owner submitted a joint request to have their
`
`settlement agreement treated as confidential business information under
`
`35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c). Paper 49. The filings convey
`
`that the parties have settled their dispute and have agreed to request
`
`termination of the instant proceeding. Paper 48, 1. The filings also state that
`
`the parties have filed a motion to dismiss the related district court litigation,
`
`which was pending in the U.S. District Court for the Eastern District of
`
`Texas. Id.
`
`Although this proceeding is in a late stage and we have heard oral
`
`argument, the Board has not yet issued a Final Written Decision, which is
`
`not due for another four months. With the exception of Petitioner, as
`
`identified above, and Patent Owner, the Board has terminated all other
`
`remaining entities. Papers 42, 43, and 46. Therefore, when terminating the
`
`participation of Petitioner, no other entity will remain as Petitioner. Under
`
`the circumstances of this case, and on the record now before us, we exercise
`
`our discretion to terminate this proceeding in its entirety.
`
`Accordingly, it is:
`
`
`
`ORDERED that the joint motion to terminate IPR2016-00418 is
`
`granted;
`
`
`
`2
`
`
`
`IPR2016-00418
`Patent 8,155,342 B2
`
`
`FURTHER ORDERED that the instant proceeding is hereby
`
`terminated as to Petitioner and Patent Owner;
`
`FURTHER ORDERED that the instant proceeding, and all the joined
`
`proceedings (IPR2016-01533, IPR2016-01557, and IPR2016-01560), are
`
`closed; and
`
`FURTHER ORDERED that the joint request that the settlement
`
`agreement between Petitioner and Patent Owner be treated as business
`
`confidential information, kept separate from the patent file, and made
`
`available only to Federal Government agencies on written request, or to any
`
`person on a showing of good cause, pursuant to 35 U.S.C. § 317(b) and
`
`37 C.F.R. § 42.74(c), is granted.
`
`
`
`3
`
`
`
`IPR2016-00418
`Patent 8,155,342 B2
`
`PETITIONER:
`
`David Tarnoff (Lead Counsel)
`Sean Hsu (Back-up Counsel)
`Suzanne Konrad
`DTarnoff@giplaw.com
`shsu@jvllp.com
`SKonrad@giplaw.com
`
`PATENT OWNER:
`
`Peter Lambrianakos (Lead Counsel)
`Shahar Harel (Back-up Counsel)
`Vincent Rubino (Back-up Counsel)
`plambrianakos@brownrudnick.com
`sharel@brownrudnick.com
`vrubino@brownrudnick.com
`
`
`
`4
`
`
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