`571-272-7822
`
`
`
`
` Paper 13
` Entered: June 21, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`FLUIDIGM, CORP.,
`Petitioner,
`
`v.
`
`THE BOARD OF TRUSTEES OF
`THE LELAND STANFORD JUNIOR UNIV.,
`Patent Owner.
`____________
`
`Case IPR2017-00013 (Patent 7,563,584 B2)
`Case IPR2017-00014 (Patent 7,695,926 B2) 1
`____________
`
`Before ERICA A. FRANKLIN, GEORGIANNA W. BRADEN, and
`ZHENYU YANG, Administrative Patent Judges.
`
`FRANKLIN, Administrative Patent Judge.
`
`ORDER
`Granting Joint Motions to Terminate the Proceedings After Institution
`37 C.F.R. §§ 42.71; 42.74
`
`
`
` 1
`
` This Order addresses issues common to each captioned cases. Thus, we
`enter the same Order in each case.
`
`
`
`IPR2017-00013 (Patent 7,563,584 B2)
`IPR2017-00014 (Patent 7,695,926 B2)
`
`
`On June 8, 2017, in each of the above-captioned cases, with
`authorization of the Board, the parties filed a joint motion to terminate the
`proceeding pursuant to 37 C.F.R. §§ 42.5(a), 42.71, and 42.72. Paper 8, 2.2
`The parties also filed an exhibit in each proceeding, Ex. 1016, referred to as
`“the Settlement agreement between the Petitioner and Patent Owner.” Paper
`9, 2. Additionally, citing to 37 C.F.R. § 42.74 (c), the parties filed a joint
`request in each proceeding that the settlement agreement be treated as
`business confidential information and “kept separate from the files of these
`proceedings and the involved patents.” Id.
`Pursuant to our instruction, Paper 10, the parties have subsequently
`filed in each proceeding what they refer to as “the full Settlement Agreement
`between Petitioner and Patent Owner.” See Ex. 1016 (filed June 14, 2017).
`With that filing, the parties also filed a Renewed Joint Motion to Terminate
`the Proceeding and a Joint Request to Treat (the original and supplemental)
`Exhibit 1016 as Business Confidential Information. Papers 11, 12.
`Based upon the filing of the “full Settlement Agreement, we consider
`the parties to have satisfied 37 C.F.R. § 42.74(b). Further, we agree with the
`parties that termination of the proceedings is appropriate because they have
`reached an agreement settling their dispute with respect to the involved
`patents. Paper 6, 2. Under these circumstances, we determine that it is
`appropriate to enter judgment terminating the proceedings. Additionally, the
`parties’ request for the settlement agreement to be treated as business
`confidential information and kept separate from the file of the involved
`
`
`
` 2
`
` Citations to paper and exhibit numbers in this Order refer to filings in
`IPR2017-00013. Similar documents were filed in each captioned case.
`
`2
`
`
`
`
`
`IPR2017-00013 (Patent 7,563,584 B2)
`IPR2017-00014 (Patent 7,695,926 B2)
`
`patent is granted.
`Accordingly, it is hereby
`ORDERED that the joint motions to terminate the proceedings are
`granted;
`FURTHER ORDERED that the joint requests that the settlement
`agreement be treated as business confidential information and kept separate
`from the file of the involved patent under the provisions of 35 U.S.C. §
`317(b) and 37 C.F.R. § 42.74(c) are granted;
`FURTHER ORDERED that the proceeding in each of the above-
`captioned cases is terminated.
`
`
`
`PETITIONER:
`
`James Murphy
`Margaux Savee
`POLSINELLI PC
`jpmurphy@polsinelli.com
`msavee@polsinelli.com
`
`
`PATENT OWNER:
`
`Bret Field
`Carol L. Francis
`BOZICEVIC, FIELD & FRANCIS LLP
`field@bozpat.com
`francis@bozpat.com
`
`
`
`
`
`
`3
`
`
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