`571-272-7822
`
`
`Paper No. 19
`Entered: November 2, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`AGILTRON, INC.,
`Petitioner,
`
`v.
`
`MEMSCAP S.A.,
`Patent Owner.
`____________
`
`Case IPR2016-01683
`Patent 6,262,512 B1
`
`
`Before DAVID C. MCKONE, DANIEL N. FISHMAN, and
`ROBERT J. WEINSCHENK, Administrative Patent Judges.
`
`MCKONE, Administrative Patent Judge.
`
`
`
`ORDER
`Joint Motion to Terminate
`
`
`
`
`
`1
`
`
`
`
`
`
`
`
`
`IPR2016-01683
`Patent 6,262,512 B1
`
`
`
`On October 31, 2016, the parties filed a Joint Motion to Terminate
`
`Proceeding on the basis of a settlement reached by the parties. Paper 17.
`
`The parties further filed a true copy of a Patent License and Settlement
`
`Agreement (Ex. 1020) and a Joint Request to treat the settlement agreement
`
`as business confidential information and to keep separate under 35 U.S.C.
`
`§ 317(b) and 37 C.F.R. § 42.74(c). Paper 18. The above filings were
`
`authorized pursuant to an email sent by the Board on October 27, 2016.
`
`This proceeding is in an early stage and no decision whether to
`
`institute inter partes review has been made. Additionally, the parties
`
`represent that the parties are in the process of filing a motion to dismiss the
`
`associated district court litigation with prejudice. Paper 17, 2. Based on the
`
`facts of the instant proceeding, it is appropriate to terminate. Therefore, the
`
`joint motion to terminate the instant proceeding is granted.
`
`
`
`Accordingly, it is
`
`ORDERED that the joint motion to terminate the instant proceeding
`
`(Paper 17) is granted;
`
`FURTHER ORDERED that the parties’ joint request that the
`
`settlement agreement (Ex. 1020) be treated as business confidential
`
`information, kept separate from the file of U.S. Patent No. 6,262,512 B1,
`
`and made available only to Federal Government agencies on written request,
`
`or to any person on a showing of good cause, under the provisions 37 C.F.R.
`
`§ 42.74(c) is granted; and
`
`FURTHER ORDERED that the proceeding is terminated.
`
`
`
`
`
`IPR2016-01683
`Patent 6,262,512 B1
`
`
`
`PETITIONER:
`
`Thomas Hoover
`Anita Bowles
`Deborah Vernon
`Kia Freeman
`Keith Toms
`MCCARTER & ENGLISH, LLP
`
`thoover@mccarter.com
`abowles@mccarter.com
`dvernon@mccarter.com
`kfreeman@mccarter.com
`ktoms@mccarter.com
`
`PATENT OWNER:
`
`Michael Furmanek
`Ryan Phelan
`MARSHALL GERSTEIN & BORUN LLP
`
`mfurmanek@marshallip.com
`rphelan@marshallip.com
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