throbber
Trials@uspto.gov
`571-272-7822
`
`
`
`
`Paper 11
`Entered: February 23, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SAMSUNG ELECTRONICS CO., LTD and
`SAMSUNG ELECTRONICS AMERICA, INC.,
`Petitioner,
`
`
`
`v.
`
`PERSONALIZED MEDIA COMMUNICATIONS, L.L.C.,
`Patent Owner.
`____________
`
`Case IPR2017-00288 Patent 7,747,217 B1
`Case IPR2017-00289 Patent 7,752,649 B1
`Case IPR2017-00290 Patent 7,752,649 B1
`Case IPR2017-00291 Patent 7,752,650 B1
`Case IPR2017-00292 Patent 7,856,649 B1
`Case IPR2017-00293 Patent 8,675,775 B1
`Case IPR2017-00294 Patent 8,711,885 B1
`Case IPR2017-00295 Patent 8,711,885 B1
`____________
`Before KARL D. EASTHOM, LYNNE E. PETTIGREW, GEORGIANNA
`W. BRADEN, JOHN F. HORVATH, ROBERT L. KINDER, and
`AMANDA F. WIEKER, Administrative Patent Judges.
`
`PETTIGREW, Administrative Patent Judge.
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`

`

`Case IPR2017-00288 Patent 7,747,217 B1
`Case IPR2017-00289 Patent 7,752,649 B1
`Case IPR2017-00290 Patent 7,752,649 B1
`Case IPR2017-00291 Patent 7,752,650 B1
`Case IPR2017-00292 Patent 7,856,649 B1
`Case IPR2017-00293 Patent 8,675,775 B1
`Case IPR2017-00294 Patent 8,711,885 B1
`Case IPR2017-00295 Patent 8,711,885 B1
`
`
`In each of these cases, the Board issued an order authorizing the
`parties to file a joint motion to terminate the proceeding and a request for
`confidential treatment of settlement papers pursuant to 37 C.F.R.
`§ 42.74(c). E.g., IPR2017-00288, Paper 6 (Feb. 8, 2017). Subsequently, on
`February 16, 2017, the parties filed in each proceeding a Joint Motion to
`Terminate the Proceeding (e.g., IPR2017-00288, Paper 7), a Joint Request to
`Treat Settlement Documents as Business Confidential Information (e.g.,
`IPR2017-00288, Paper 8), a “Settlement Agreement” (e.g., IPR2017-00288,
`Paper 9), and a “Redacted Settlement Agreement” (e.g., IPR2017-00288,
`Paper 10). Thereafter, counsel for Petitioner sent an email requesting that
`(1) only redacted copies of the settlement be entered by the Board, (2) copies
`of the redacted settlement agreement remain sealed as Business Confidential
`Information, and (3) the unredacted copies be expunged from the
`record. Petitioner indicated that Patent Owner does not oppose this request.
`As stated in the Board’s order dated February 8, 2017, a redacted
`version of the settlement agreement will not be accepted as a true copy of
`the settlement agreement, which is required by 37 C.F.R.
`§ 42.74(c). Furthermore, a settlement agreement should be filed as an
`exhibit, not as a paper. Finally, we note that the Joint Request to Treat
`Settlement Documents as Business Confidential Information refers to
`maintaining the confidentiality of a concurrently submitted “settlement
`agreement, letter agreement, and term sheet,” yet it does not appear that the
`
`2
`
`
`
`

`

`Case IPR2017-00288 Patent 7,747,217 B1
`Case IPR2017-00289 Patent 7,752,649 B1
`Case IPR2017-00290 Patent 7,752,649 B1
`Case IPR2017-00291 Patent 7,752,650 B1
`Case IPR2017-00292 Patent 7,856,649 B1
`Case IPR2017-00293 Patent 8,675,775 B1
`Case IPR2017-00294 Patent 8,711,885 B1
`Case IPR2017-00295 Patent 8,711,885 B1
`
`parties submitted a letter agreement and term sheet in addition to the
`settlement agreement.
`In view of the above, the parties are authorized to file (A) only a true
`copy of the settlement agreement, which should be filed as an exhibit, and
`(B) either (i) the referenced letter agreement and term sheet, if they exist and
`are part of the settlement between the parties, also to be filed as exhibits, or
`(ii) a corrected Joint Request to Treat Settlement Documents as Business
`Confidential Information removing reference to the letter agreement and
`term sheet if they are not part of the settlement between the parties. The
`parties are not authorized to file as an exhibit a redacted copy of the
`settlement agreement or, if filed, redacted copies of the letter agreement and
`term sheet.
`After the parties file the authorized documents, we will order
`expungement of the Settlement Agreement and Redacted Settlement
`Agreement that were filed as papers rather than exhibits, and if a corrected
`Joint Request to Treat Settlement Documents as Business Confidential
`Information is filed, we will order expungement of the originally filed
`Request.
`Should the parties need additional guidance, they may request a
`conference call with the Board and provide dates and times when counsel for
`both parties are available for a call.
`
`
`3
`
`
`
`

`

`Case IPR2017-00288 Patent 7,747,217 B1
`Case IPR2017-00289 Patent 7,752,649 B1
`Case IPR2017-00290 Patent 7,752,649 B1
`Case IPR2017-00291 Patent 7,752,650 B1
`Case IPR2017-00292 Patent 7,856,649 B1
`Case IPR2017-00293 Patent 8,675,775 B1
`Case IPR2017-00294 Patent 8,711,885 B1
`Case IPR2017-00295 Patent 8,711,885 B1
`
`
`It is:
`ORDERED that the parties are authorized to file as an exhibit in each
`proceeding only a true copy of the parties’ settlement agreement, no later
`than February 28, 2017;
`FURTHER ORDERED that the parties are not authorized to file a
`redacted copy of the settlement agreement; and
`FURTHER ORDERED that the parties are authorized to file in each
`proceeding, no later than February 28, 2017, either (i) the referenced letter
`agreement and term sheet, if they exist and are part of the settlement
`between the parties, also to be filed as exhibits, or (ii) a corrected Joint
`Request to Treat Settlement Documents as Business Confidential
`Information, if the letter agreement and term sheet are not part of the
`settlement between the parties.
`
`
`4
`
`
`
`

`

`Case IPR2017-00288 Patent 7,747,217 B1
`Case IPR2017-00289 Patent 7,752,649 B1
`Case IPR2017-00290 Patent 7,752,649 B1
`Case IPR2017-00291 Patent 7,752,650 B1
`Case IPR2017-00292 Patent 7,856,649 B1
`Case IPR2017-00293 Patent 8,675,775 B1
`Case IPR2017-00294 Patent 8,711,885 B1
`Case IPR2017-00295 Patent 8,711,885 B1
`
`PETITIONER:
`
`Walter Renner
`Axf-ptab@fr.com
`
`Thomas Rozylowicz
`tar@fr.com
`
`Andrew Patrick
`patrick@fr.com
`
`
`
`PATENT OWNER:
`
`Dmitry Kheyfits
`dkheyfits@kheyfits.com
`
`Andrey Belenky
`abelenky@kheyfits.com
`
`Thomas Scott, Jr.
`tscott@goodwinprocter.com
`
`
`5
`
`
`
`

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