`571-272-7822
`
`
`
`
`
`Paper No. 14
`Filed: May 11, 2017
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`NETFLIX, INC.,
`Petitioner,
`
`v.
`
`CONVERGENT MEDIA SOLUTIONS, LLC,
`Patent Owner.
`____________
`
`Case IPR2016-01811 (Patent 8,527,640 B2)
`Case IPR2016-01813 (Patent 8,689,273 B2)1
`____________
`
`
`
`Before JAMESON LEE, KEN BARRETT, and
`JOHN F. HORVATH, Administrative Patent Judges.
`
`BARRETT, Administrative Patent Judge.
`
`
`
`ORDER
`Granting Motion to Terminate
`and
`Granting Request to Treat Settlement Documents
`As Confidential Business Information
`37 C.F.R. §§ 42.72, 42.74(c)
`
`1 This Decision will be entered in each case. The parties are not authorized
`to use this caption style. For purposes of deciding the motions, we
`understand the pertinent papers filed in the two cases to be substantively
`similar. The respective paper numbers are the same in both cases.
`
`
`
`
`
`IPR2016-01811 (Patent 8,527,640 B2)
`IPR2016-01813 (Patent 8,689,273 B2)
`
`On May 1, 2017, the parties filed in each of the above-captioned cases
`
`a joint motion to terminate the respective inter partes review. Paper 12.
`Also on May 1, 2017, the parties filed in each of these cases a copy of their
`written settlement agreement and a request to treat the settlement agreement
`as business confidential information. Paper 13; Ex. 2001.
`
`Under 35 U.S.C. § 317(a):
`An inter partes review instituted under this chapter shall be
`terminated with respect to any petitioner upon the joint request
`of the petitioner and patent owner, unless the Office has
`decided the merits of the proceeding before the request for
`termination is filed. . . . . If no petitioner remains in the inter
`partes review, the Office may terminate the review or proceed
`to a final written decision under section 318(a).
`The requirements for terminating these proceedings with respect to both
`parties are met.
`
`It is hereby:
`
`ORDERED that the joint motions of Petitioner and Patent Owner to
`terminate proceedings are granted;
`FURTHER ORDERED that the inter partes review instituted for
`
`IPR2016-01811 is terminated;
`FURTHER ORDERED that the inter partes review instituted for
`
`IPR2016-01813 is terminated; and
`
`FURTHER ORDERED that the joint requests of Petitioner and Patent
`Owner to have their settlement agreement (Exhibit 2001) treated as business
`confidential information under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c)
`are granted.
`
`
`
`2
`
`
`
`
`
`IPR2016-01811 (Patent 8,527,640 B2)
`IPR2016-01813 (Patent 8,689,273 B2)
`
`For PETITIONER:
`Chun Ng
`Patrick McKeever
`Vinay Sathe
`Miguel Bombach
`Kevin Kantharia
`Matthew C. Berstein
`cng@perkinscoie.com
`pmckeever@perkinscoie.com
`vsathe@perkinscoie.com
`mbombach@perkinscoie.com
`kkantharia@perkinscoie.com
`MBernstein@perkinscoie.com
`
`For PATENT OWNER:
`Matthew Juren
`Barry Bumgardner
`matthew@nelbum.com
`barry@nelbum.com
`
`
`
`3
`
`
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