`
`571-272-7822
`Date Entered: July 21, 2017
`
`
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`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SAMSUNG ELECTRONICS CO., LTD. and
`SAMSUNG ELECTRONICS AMERCIA, INC.,
`Petitioner,
`
`v.
`
`IMAGE PROCESSING TECHNOLOGIES LLC,
`Patent Owner.
`____________
`
`Case IPR2017-00347
`Patent 8,805,001 B2
`____________
`
`
`
`Before JONI Y. CHANG, MICHAEL R. ZECHER, and
`JESSICA C. KAISER, Administrative Patent Judges.
`
`KAISER, Administrative Patent Judge.
`
`
`
`
`DECISION
`Granting Parties’ Joint Motion to Terminate Trial
`35 U.S.C. § 317 and 37 C.F.R. § 42.72
`
`
`
`
`
`
`
`
`IPR2017-00347
`Patent 8,805,001 B2
`
`
`
`I. DISCUSSION
`
`On July 20, 2017, the parties filed a Joint Motion to Terminate this
`
`proceeding (Paper 16), a true copy of the parties’ settlement agreement (Ex. 2006),
`
`and a request to treat the settlement agreement as business confidential information
`
`under 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c) (Paper 17).
`
`The trial is still in its preliminary stages. On May 25, 2017, we entered a
`
`decision instituting an inter partes review of claims 1–4 of U.S. Patent No.
`
`8,805,001 B2 (Ex. 1001, “the ’001 patent”). Paper 12. Although we have
`
`instituted a trial, Patent Owner, Image Processing Technologies LLC, has not filed
`
`a response to the Petition, nor has Petitioner, Samsung Electronics Company, Ltd.
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`and Samsung Electronics America, Inc., filed a reply.
`
`In the Joint Motion to Terminate this proceeding, the parties indicate that
`
`they have settled their dispute regarding the ’001 patent. Paper 16, 1. According
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`to the parties, terminating this proceeding at this early juncture would promote
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`efficiency, preserve Board resources, and minimize unnecessary costs. Id. We
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`agree with the parties in this regard. Consequently, we determine that it is
`
`appropriate to terminate the trial without rendering any further decisions.
`
`See 37 C.F.R. § 42.72.
`
`
`
`In consideration of the foregoing, it is hereby:
`
`II. ORDER
`
`ORDERED that the parties’ request to treat the settlement agreement
`
`(Ex. 2006) as business confidential information under 35 U.S.C. § 317(b) and 37
`
`C.F.R. § 42.74(c) is GRANTED; and
`
`FURTHER ORDERED that the Joint Motion to Terminate this proceeding is
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`GRANTED, and this proceeding is hereby terminated.
`
`
`
`2
`
`
`
`IPR2017-00347
`Patent 8,805,001 B2
`
`
`For PETITIONER:
`
`John Kappos
`Nicholas J. Whilt
`Brian M. Cook
`O’Melveny & Myers LLP
`jkappos@omm.com
`nwhilt@omm.com
`bcook@omm.com
`
`
`For PATENT OWNER:
`
`Chris Coulson
`Michael Zachary
`Mark Chapman
`Rose Cordero Prey
`Andrews Kurth Kenyon LLP
`Chris.Coulson@AndrewsKurthKenyon.com
`MichaelZachary@AndrewsKurthKenyon.com
`MarkChapman@AndrewsKurthKenyon.com
`RosePrey@AndrewsKurthKenyon.com
`
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`3
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